rutin
Constitution
2017
Pathfinder House
St Mary's Street
Huntingdon
PE29 3TN
Updated 29 March 2017
Page i
CONTENTS
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Page(s)
PART 1
SUMMARY AND EXPLANATION
3
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5
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11
13
15
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19
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24
27
30
32
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50
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58
62
66
69
PART 2
ARTICLES OF THE CONSTITUTION
Article 1
Article 2
Article 3
Article 4
Article 5
Article 6
Article 7
Article 8
Article 9
Article 10
Article 11
Article 12
Article 13
Article 14
Article 15
Article 16
The Constitution
Members of the Council
Citizens and the Council
The Full Council
Chairing the Council
Overview and Scrutiny
The Cabinet
Regulatory and Other Committees and Panels
Standards Committee
Area Committees and Forums
Joint Arrangements
Officers
Decision Making
Finance, Contracts and Legal Matters
Review and Revision of the Constitution
Suspension, Interpretation and
Publication of the Constitution
9
10
12
14
16
17
18
20
21
22
23
25
28
31
33
34
PART 3
RESPONSIBILITY FOR FUNCTIONS
Table 1
Table 2
Table 3
4
5
6
Responsibility for Functions
Responsibility for Local Choice Functions
Responsibility for Council Functions
Responsibility for Executive Functions
Scheme of Delegations to Officers
Council Functions
Annex A Delegations to Officers
Executive Functions
Annex B Delegations to Officers
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37
38
51
53
55
59
63
67
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PART 4
RULES OF PROCEDURE
Council Procedure Rules (Standing Orders)
Committee Procedure Rules
Access to Information Procedure Rules
Cabinet Procedure Rules
Budget and Policy Framework Procedure Rules
Overview and Scrutiny Procedure Rules
Code of Financial Management
Code of Procurement
Officer Employment Procedure Rules
71
90
99
107
110
115
123
134
150
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89
98
106
109
114
122
133
149
153
PART 5
CODES AND PROTOCOLS
The Nolan Principles
Members' Code of Conduct
Appendix A Disclosable Pecuniary Interests
Appendix B Non Statutory Disclosable Interests
Code of Conduct Complaints Process
Annex
Complaints Procedure Flowchart
Members' Planning Code of Good Practice
Members' Licensing Code of Good Practice
Member / Officer Protocol
Protocol for the relationship between the
Executive Leader of the Council and
the Head of Paid Service
156
157
161
163
164
165
166
172
181
- 171
- 179
- 187
188
- 192
193
200
- 199
- 201
- 160
- 162
PART 6
MEMBERS' ALLOWANCES SCHEME
Members' Allowances Scheme
Schedule 1 Special Responsibility Allowances
PART 7
MANAGEMENT STRUCTURE
Management Structure
Organisational Structure
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205
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Part 1
Summary and Explanation
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PART 1 - SUMMARY AND EXPLANATION
1.
THE COUNCIL'S CONSTITUTION
Huntingdonshire District Council has a Constitution which sets out
how the Council operates, how decisions are made and the
procedures which are followed to ensure that these are efficient,
transparent and accountable to local people. Some of these
processes are required by the law, while others are a matter for the
Council to choose.
The Constitution is divided into 16 Articles which set out the basic
rules governing the Council's business. More detailed procedures
and codes of practice are provided in separate rules and protocols at
the end of the document.
Article 1 of the Constitution commits the Council to provide a clear
leadership in the community in partnership with citizens, business and
other organisations; efficient, effective and accountable decision
making with the active involvement of citizens; effective
representation by Councillors of their constituents; and continuous
improvements in service delivery.
Articles 2 - 16 explain the rights of citizens and how the key parts of
the Council operate. These are ♦
♦
♦
♦
♦
♦
♦
♦
♦
♦
♦
♦
♦
♦
♦
2.
Members of the Council (Article 2);
Citizens and the Council (Article 3);
the Council meeting (Article 4);
Chairing the Council (Article 5);
Overview and scrutiny of decisions (Article 6);
the Executive or Cabinet (Article 7);
Regulatory and other committees and panels (Article 8);
the Standards Committee (Article 9);
Area committees (Article 10);
Joint arrangements (Article 11);
Officers (Article 12);
Decision making (Article 13);
Finance, contracts and legal matters (Article 14);
Review and revision of the constitution (Article 15); and
Suspension, interpretation and publication of the Constitution
(Article 16).
HOW THE COUNCIL OPERATES
The Council is composed of 52 Councillors. Elections will be held
every 4 years from May 2018.
Councillors are democratically accountable to residents of their Ward.
The overriding duty of Councillors is to the whole community, but they
have a special duty to their constituents, including those who did not
vote for them.
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Councillors have to agree to a code of conduct to ensure high
standards in the way they undertake their duties. The Standards
Committee trains and advises them on the code of conduct.
All Councillors meet together as the Council. Meetings of the Council
are normally open to the public. Here Councillors decide the
Council's overall policies and set the budget each year. The Council
appoints and holds to account the Executive Leader, the Cabinet and
other committees and panels. It is responsible for changes to the
Constitution of the Council and the various codes and protocols
contained in it.
3.
HOW DECISIONS ARE MADE
The Cabinet is the part of the Council which is responsible for most
day to day decisions. The Cabinet is made up of the Executive
Leader and up to nine councillors appointed by the Council. When
major decisions are to be discussed or made, these are published in
the Cabinet's Notice of Executive Decisions as far as they can be
anticipated. If these major decisions are to be discussed with Council
officers at a meeting of the Cabinet, this will generally be open for
members of the public to attend except where personal or confidential
matters are being discussed. The Cabinet has to make decisions
which are in line with the Council's overall policies and budget. If it
wishes to make a decision which is outside the budget or policy
framework, this must be referred to the Council as a whole to decide.
4.
OVERVIEW AND SCRUTINY
There are three Overview and Scrutiny Panels who support the work
of the Cabinet and Council as a whole. They allow citizens to have a
greater say in Council matters by holding enquiries into matters of
local concern. These lead to reports and recommendations which
advise the Cabinet and Council as a whole on its policies, budget and
service delivery. Overview and Scrutiny Panels also monitor the
decisions of the Cabinet. They can "call-in" a decision which has
been made by the Cabinet but not yet implemented. This enables
them to consider whether the decision is appropriate. They may
recommend that the Cabinet reconsider the decision. They may also
be consulted by the Cabinet or the Council on forthcoming decisions
and the development of a policy.
5.
THE COUNCIL'S STAFF
The Council has people working for it (called "officers") to give advice,
implement decisions and manage the day to day delivery of its
services. Some officers have a specific duty to ensure that the
Council acts within the law and uses its resources wisely. A code of
practice governs the relationships between officers and members of
the Council.
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6.
CITIZENS' RIGHTS
Citizens have a number of rights in their dealings with the Council.
These are set out in more detail in Article 3. Some of these are legal
rights, while others depend on the Council's own processes. Rural
Cambridgeshire CAB can advise on individuals' legal rights.
Where members of the public use specific Council services they have
additional rights. These are not covered in this constitution.
Citizens have the right to ♦
♦
♦
♦
♦
♦
♦
♦
♦
♦
♦
♦
♦
♦
vote at local elections if they are registered;
contact their local Councillor about any matters of concern to
them;
obtain a copy of the Constitution;
attend meetings of the Council and its committees and panels
except where, for example, personal or confidential matters are
being discussed;
submit petitions at meetings of the Council;
petition to request a referendum for a change of governance
arrangements e.g. Mayoral form of executive;
contribute to investigations by the Overview and Scrutiny
Panels by submitting evidence and comments on the enquiries
being undertaken;
find out from the Cabinet's Notice of Executive Decisions what
major discussions are to be discussed by the Cabinet or
decided by members of the Cabinet or officers
attend meetings of the Cabinet where key decisions are being
discussed or decided; except where, for example personal or
confidential matters are being discussed
see reports and background papers specified and any record of
decisions made by the Council and the Cabinet;
complain to the Council about the standard of service provided
and any action or lack of action by the Council, its officers or
contractors;
complain to the Local Government Ombudsman if they think the
Council has not followed its procedures properly. However they
should only do this after using the Council's own complaints
process;
complain to the Council's Monitoring Officer if they have
evidence which they think shows that a Councillor has not
followed the Council's code of conduct; and
inspect the Council's accounts and make their views known to
the external auditor.
The Council welcomes participation by its citizens in its work. For
further information on your rights as a citizen please visit the
Council’s website www.huntingdonshire.gov.uk
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Part 2
Articles of the
Constitution
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ARTICLE 1 THE CONSTITUTION
1.
POWERS OF THE COUNCIL
The Council will exercise all its powers and duties in accordance with
the law and this Constitution.
2.
THE CONSTITUTION
This Constitution, and all its appendices, is the Constitution of the
Huntingdonshire District Council.
3.
PURPOSE OF THE CONSTITUTION
The purpose of the Constitution is to:(i)
enable the Council to provide clear leadership to the community
in partnership with citizens, businesses and other organisations;
(ii)
support the active involvement of citizens in the process of local
authority decision making;
(iii)
help Councillors represent their constituents more effectively;
(iv)
enable decisions to be taken efficiently and effectively;
(v)
create a powerful and effective means of holding decisionmakers to public account;
(vi)
ensure that no one will review or scrutinise a decision in which
they were directly involved;
(vii) ensure that those responsible for decision making are clearly
identifiable to local people and that they explain the reasons for
decisions; and
(viii) provide a means of improving the delivery of services to the
community.
4.
INTERPRETATION AND REVIEW OF THE CONSTITUTION
Where the Constitution permits the Council to choose between
different courses of action, the Council will always choose that option
which it thinks is closest to the purposes stated above. The Council
will monitor and evaluate the operation of the Constitution as set out
in Article 15.
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ARTICLE 2 MEMBERS OF THE COUNCIL
1.
COMPOSITION AND ELIGIBILITY
(a)
Composition
The Council will comprise 52 members otherwise called
Councillors. Between 1 and 3 Councillors will be elected by the
voters of each ward in accordance with the scheme drawn up
by the Electoral Commission and approved by the Secretary of
State.
(b)
Eligibility
Only registered voters of the Huntingdonshire District or those
living or working here will be eligible to stand for the office of
councillor.
2.
ELECTION AND TERMS OF COUNCILLORS
The ordinary election of one third (or as near as may be) of all
Councillors will be held on the first Thursday in May in each year.
Elections will be held in 2016 of one third of the Members of the
Council where the terms of office of Councillors will be four years
starting on the fourth day after being elected and finishing on the
fourth day after the date of the regular election four years later. There
will be no regular elections in 2017. A whole Council election will be
held in 2018 arising from the electoral review. In December 2015
Council resolved to move to all out elections with effect from the
ordinary day of Elections in 2018.
3.
ROLES AND FUNCTIONS OF ALL COUNCILLORS
Key Roles - All Councillors will:(i)
collectively be the ultimate policy makers and carry out a
number of strategic and corporate management functions;
(ii)
contribute to the good governance of the area and
actively encourage community participation and citizen
involvement in decision making;
(iii)
effectively represent all residents of the Council’s area
with special responsibility to the residents in their ward.;
(iv)
respond to constituents' enquiries and representations
fairly and impartially;
(v)
participate in the governance and management of the
Council;
(vi)
be available to represent the Council on other bodies; and
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(vii) maintain the highest standards of conduct and ethics.
4.
CONDUCT
Councillors will at all times observe the Members' Code of Conduct
and the Protocol on Member/Officer relations set out in Part 5 of this
Constitution.
5.
ALLOWANCES
Councillors will be entitled to receive allowances in accordance with
the Members' Allowances Scheme set out in Part 6 of this
Constitution.
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ARTICLE 3 CITIZENS AND THE COUNCIL
1.
CITIZENS' RIGHTS
Citizens have the following rights. Their rights to information and to
participate are explained in more detail in the Access to Information
Rules in Part 4 of this Constitution.
(a)
Voting and Petitions
Those on the register of electors may sign a petition to request
a referendum for a different form of governance in accordance
with the timetable as prescribed under legislation, and to vote in
any local referendum in respect of an increase in the local
authority’s precept.
(b)
Information
Citizens have the right to:-
(c)
(i)
attend, record and report on meetings of the Council and
its Cabinet, committees and panels except where
confidential or exempt information is likely to be disclosed
and the meeting, or part of the meeting, is therefore held
in private;
(ii)
find out from the Notice of Executive Decisions what key
decisions will be taken by the Cabinet and when;
(iii)
see reports and background papers and any records of
decisions made by the Council and the Cabinet;
(iv)
inspect the Council's accounts and make their views
known to the external auditor; and
(v)
submit petitions at a meeting of the Council.
Complaints
Citizens have the right to complain to:(i)
the Council itself under its complaints scheme;
(ii)
the Local Government Ombudsman after using the
Council's own complaints scheme; and
(iii)
the District Council about a breach of the Members' Code
of Conduct; and
(iv)
the District Council about a breach of their respective
Members’ Code of Conduct of any town and parish
Councillor in Huntingdonshire.
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2.
CITIZENS' RESPONSIBILITIES
Citizens must not be violent, abusive or threatening to councillors or
officers and must not wilfully harm things owned by the Council,
Councillors or officers.
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ARTICLE 4 THE FULL COUNCIL
1.
MEANINGS
(a)
Policy Framework - the policy framework means the following
plans and strategies ♦ Plans and alterations which together comprise the
Development Plan
♦ Council's Corporate Plan
♦ Licensing Act
♦ Gambling Act – Statement of Principles
♦ Budget - the budget includes the allocation of financial
resources to different services and projects, proposed
contingency funds, setting the Council Tax and decisions
relating to the control of the Council's borrowing
requirements, the control of the Council’s investments, the
control of its capital expenditure and the setting of virement
limits.
2.
FUNCTIONS OF THE FULL COUNCIL
Only the Council will exercise the following functions:(a)
adopting and changing the Constitution, other than Part 3 –
Scheme of Delegations and any changes the Monitoring Officer
makes to the Constitution to reflect changes in legislation and
decisions of the Council and the Executive and changes of fact;
(b)
approving or adopting the policy framework and budget;
(c)
subject to the urgency procedure contained in the Access to
Information Procedure Rules in Part 4 of this Constitution,
making decisions about any matter in the discharge of an
executive function which is covered by the policy framework or
the budget where the decision maker is minded to make it in a
manner which would be contrary to policy framework or contrary
to/or not wholly in accordance with the budget;
(d)
electing the Executive Leader;
(e)
agreeing and/or amending the terms of reference for
committees and panels, (with the exception of the Licensing
Committee) deciding on their composition and making
appointments to them;
(f)
agreeing the appointment of the membership to Council
Committees;
(g)
adopting an allowances scheme under Article 2, paragraph 5;
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3.
(h)
the appointment of the electoral registration officer and the
returning officer to local government elections, power to change
the name of the District, petition for borough status and confer
honorary titles, functions relating to a change in governance
arrangements (the Council’s form of executive) and the passing
of a resolution to change the electoral scheme (the electoral
cycle);
(i)
confirming the appointment of the Head of Paid Service;
(j)
taking the final decision to dismiss the Head of Paid Service,
S151 Officer or Monitoring Officer,
(k)
making, amending, revoking, re-enacting or adopting byelaws
and promoting or opposing the making of local legislation or
personal Bills;
(l)
the functions described in Article 11, paragraphs 1 and 2
(Delegation to and from other local authorities and under joint
arrangements);
(m)
all local choice functions set out in Part 3 of this Constitution
which the Council decides should be undertaken by itself rather
than the Cabinet; and
(n)
all other matters which, by law, must be reserved to the
Council.
COUNCIL MEETINGS
There are 3 types of Council meeting:(a)
the annual meeting;
(b)
ordinary meetings; and
(c)
extraordinary meetings.
and they will be conducted in accordance with the Council Procedure
Rules in Part 4 of this Constitution.
4.
RESPONSIBILITY FOR FUNCTIONS
The Council will maintain the tables in Part 3 of this Constitution
setting out the responsibilities for the Council's functions which are
not the responsibility of the Cabinet.
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ARTICLE 5 CHAIRING THE COUNCIL
1.
ROLE AND FUNCTION OF THE CHAIRMAN
The Chairman will be elected by the Council annually in accordance
with the Council Procedure Rules in Part 4 of this Constitution. The
Chairman of the Council and, in his/her absence, the Vice-Chairman
of the Council has a dual role –
♦
♦
to act as the leading citizen in Huntingdonshire and to represent
the Council at the various functions of a civic nature which the
Council might host or at which it might be represented; and
to encourage and promote high standards of debate in
meetings of the Council and to promote the role of the Council
as the forum for local democracy in Huntingdonshire.
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ARTICLE 6 OVERVIEW AND SCRUTINY
1.
TERMS OF REFERENCE OF OVERVIEW AND SCRUTINY
PANELS
The Council will appoint such Overview and Scrutiny Panels as it
thinks fit.
2.
GENERAL ROLE
Within their terms of reference, the Overview and Scrutiny Panels
will:(i)
review and/or scrutinise decisions made or actions taken in
connection with the discharge of any of the Council's functions;
(ii)
make reports and/or recommendations to the full Council and/or
the Cabinet and/or any joint committee in connection with the
discharge of any functions;
(iii)
review the performance of the Council and the achievement of
performance indicators and targets;
(iv)
consider any matter affecting the area or its inhabitants; and
(v)
exercise the right of call-in, for reconsideration, decisions made
but not yet implemented by the Executive Leader, the Cabinet,
an individual member of the Cabinet, a committee of the
Cabinet or a key decision made by an officer.
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ARTICLE 7 THE CABINET
1.
THE EXECUTIVE LEADER AND CABINET
The Executive Leader is responsible for the discharge of all of the
Council's functions which are not the responsibility of any other part
of the Council, whether by law or under this Constitution. The
Executive Leader has arranged for the discharge of the executive
functions by the Cabinet which, unless the Executive Leader
otherwise directs will undertake those functions collectively or by
delegation to a panel of the Cabinet or individual executive councillors
as specified in Tables of Part 3 of this Constitution.
2.
FORM AND COMPOSITION
The Cabinet will consist of the Executive Leader together with at least
two, but not more than nine, Councillors appointed by the Executive
Leader.
3.
EXECUTIVE LEADER
The Executive Leader is a councillor and will be elected at an annual
meeting of the Council for a four year term and thereafter at the
annual meeting when the Executive Leader’s term of office comes to
an end. The Executive Leader will hold office from the date of his/her
election to that position until:-
4.
(a)
the first annual meeting after the Executive Leader’s normal day
of retirement as a councillor;
(b)
he/she resigns from the office; or
(c)
he/she is no longer a Councillor; or
(d)
he/she is removed from office by resolution of the Council.
(e)
he/she is disqualified from being a councillor
The Executive Leader shall appoint a councillor to be Deputy
Executive Leader who shall be a member of the Cabinet. The Deputy
Executive Leader will hold office from the date of his/her appointment
to that position, until:(a)
the end of term of office of the Executive Leader;
(b)
he/she resigns from the office; or
(c)
he/she is no longer a Councillor; or
(d)
he/she is removed from office by the Executive Leader.
(e)
he/she is disqualified from being a councillor
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5.
OTHER CABINET MEMBERS
Other Councillors will be appointed to the Cabinet by the Executive
Leader and will hold office until the day that -
6.
(a)
they resign from office; or
(b)
they are no longer Councillors; or
(c)
they are removed from office, either individually or collectively,
by the Executive Leader.
(d)
he/she is disqualified from being a councillor
CASUAL VACANCIES
Any vacancy in the position of the Executive Leader shall be filled by
the Council at the meeting that the Executive Leader ceases to hold
office or at a subsequent meeting. Any vacancy in the position of
Deputy Executive Leader or member of the Cabinet will be filled by
the Executive Leader and reported to Council at the next meeting.
The person(s) elected or appointed shall be subject to the term of
office described in paragraphs 3 to 5 above.
7.
PROCEEDINGS OF THE CABINET
Proceedings of the Cabinet shall take place in accordance with the
Cabinet Procedure Rules set out in Part 4 of this Constitution.
8.
RESPONSIBILITY FOR FUNCTIONS
(a)
The Executive Leader will maintain or arrange to be maintained
a list in Part 3 of this Constitution setting out which individual
members of the Cabinet, committees appointed by the Cabinet,
officers or joint arrangements are responsible for the exercise of
particular Cabinet functions.
(b)
If for any reason the Executive Leader is unable to act or that
office is vacant, the Deputy Executive Leader will act in his/her
place. If for any reason both the Executive Leader and Deputy
Executive Leader are unable to act or those offices are vacant,
the Cabinet will act in place of the Executive Leader or will
arrange for a member of the Cabinet to do so.
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ARTICLE 8 REGULATORY AND OTHER COMMITTEES AND PANELS
1.
REGULATORY AND OTHER COMMITTEES AND PANELS
The Council will appoint the committees and panels it sees fit.
1a.
No Member shall be eligible to serve on a Regulatory Committee - the
Development Management and Licensing & Protection Committees
and Licensing Committee unless or until they have undertaken
relevant training. The Elections and Democratic Services Manager
shall maintain a record of attendance at training events to ensure the
requirement has been met.
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ARTICLE 9 STANDARDS COMMITTEE
1.
STANDARDS COMMITTEE
The Council will appoint a Standards Committee under Section 102 of
the Local Government Act. Its composition shall be governed by
proportionality and it shall be subject to the same requirements on
confidential and exempt information as any other Committee.
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ARTICLE 10 AREA COMMITTEES AND FORUMS
1.
AREA COMMITTEES
The Council may appoint area committees or forums as it sees fit.
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ARTICLE 11 JOINT ARRANGEMENTS
1.
JOINT ARRANGEMENTS
(a)
The Council may establish joint arrangements with one or more
local authorities and/or their executives to exercise functions
which are not executive functions in any of the participating
authorities. (Such arrangements may involve the appointment
of a joint committee with these other local authorities).
(b)
The Executive may establish joint arrangements
more local authorities to exercise functions,
Executive functions. Such arrangements may
appointment of joint committees with these
authorities
(c)
Except as set out below, the Cabinet may only appoint Cabinet
members to a joint committee and those members need not
reflect the political composition of the local authority as a whole.
(d)
The Cabinet may appoint Members to a joint committee from
outside the Cabinet in the following circumstances ♦
♦
with one or
which are
involve the
other local
the joint committee has functions for only part of the area
of the authority, and that area is smaller than two fifths of
the authority by area or population. In such cases, the
Cabinet may appoint to the joint committee any Councillor
who is a member for an electoral ward which is wholly or
partly contained within the area;
the joint committee is between Cambridgeshire County
Council and the Council and relates to functions of the
executive of the County Council. (In such cases, the
executive of the County Council may appoint to the joint
committee any Councillor who is a member for an
electoral division which is wholly or partly contained within
Huntingdonshire.)
In both of these cases the political balance requirements will not
apply to such appointments.
(e)
2.
Details of any joint arrangements including any delegations to
joint committees will be found in the Council's scheme of
delegations in Part 3 of this Constitution.
The Council may delegate non-executive functions to another
local authority or, in certain circumstances, the executive of
another local authority. The Council may, upon a proposal by
the Cabinet, delegate executive functions to another local
authority or the executive of another local authority in certain
circumstances.
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3.
CONTRACTING OUT
The Council, for those functions that are not Executive functions, and
the Executive, in respect of Executive functions, may contract out to
another body or organisation functions which may be exercised by an
officer and which are subject to an order under section 70 of the
Deregulation and Contracting Out Act 1994, or under contracting
arrangements where the contractor acts as the Council’s agent under
usual contracting principles, provided there is no delegation of the
Council’s discretionary decision making.
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ARTICLE 12 OFFICERS
1.
TERMINOLOGY
In this Article use of the word "officers" means all employees and staff
engaged by the Council to carry out its functions and includes those
engaged under short-term, agency or other non-employed situations.
2.
MANAGEMENT STRUCTURE
(a)
General - the Council may engage such staff (referred to as
officers) as it considers necessary to carry out its functions.
(b)
Chief Officers - the Council will engage persons for the
following posts, who will be designated chief officers:Post
Functions and areas of responsibility
Head of Paid Service
Overall corporate management and strategic
responsibility (including overall management
responsibility for all officers).
Provision of professional advice to all in the
decision making process.
Together with the Monitoring Officer, responsibility
for a system of record keeping for all the Council's
decisions.
Representing the Council on partnership and
external bodies (as required by statute or the
Council).
Corporate Director
(Services)
Resources, Customer Services and Operations.
Corporate Director
(Delivery)
Development, Community, Leisure and Health.
(c)
Head of Paid Service, Monitoring Officer and Chief Finance
Officer - the Council will designate the following posts as
shown:Post
Designation
Managing Director
Head of Paid Service
Head of Legal Practice
Monitoring Officer
Head of Resources
Chief Finance Officer and Section
151 Officer
Such posts will have the functions described in paragraphs 3 - 5
below.
(d)
Structure - the Head of Paid Service will determine and
publicise a description of the overall departmental structure of
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the Council showing the management structure and deployment
of officers. This is set out at Part 7 of this Constitution.
3.
4.
FUNCTIONS OF THE HEAD OF PAID SERVICE
(a)
Discharge of functions by the Council - the Head of Paid
Service will report to Council on the manner in which the
discharge of the Council's functions is co-ordinated, the number
and grade of officers required for the discharge of functions and
the organisation of officers.
(b)
Restrictions on Functions - the Head of Paid Service may not
be the Monitoring Officer but may hold the post of Chief
Finance Officer if a qualified accountant.
FUNCTIONS OF THE MONITORING OFFICER
(a)
Maintaining the Constitution - the Monitoring Officer will
maintain an up-to-date version of the Constitution and will
ensure that it is widely available for consultation by Councillors,
officers and the public.
(b)
Ensuring Lawfulness and Fairness of Decision Making after consulting with the Head of Paid Service and Chief
Finance Officer, the Monitoring Officer will report to the Council
or to the Cabinet in relation to an executive function if he or she
considers that any proposal, decision or omission would give
rise to unlawfulness or if any decision or omission has given
rise to maladministration. Such a report will have the effect of
stopping the proposal or decision being implemented until the
report has been considered.
(c)
Supporting the Standards Committee - the Monitoring Officer
will contribute to the promotion and maintenance of high
standards of conduct through provision of support to the
Standards Committee.
(d)
Proper Officer for Access to Information - the Monitoring
Officer will ensure that executive decisions, together with the
reasons for those decisions, and relevant officer reports and
background papers are made publicly available as soon as
possible.
(e)
Advising whether Executive Decisions are within the
Budget and Policy Framework - the Monitoring Officer will
advise whether executive decisions are in accordance with the
budget and policy framework and (after consultation with the
Chief Finance Officer) the budgetary framework.
(f)
Providing Advice - the Monitoring Officer will provide advice
on the scope of powers and authority to take decisions,
maladministration, financial impropriety, probity and budget and
policy framework issues to all Councillors.
Updated 29 March 2017
Page 26
(g)
5.
6.
Restrictions on Posts - the Monitoring Officer may not be the
Chief Finance Officer or the Head of Paid Service.
FUNCTIONS OF THE CHIEF FINANCE OFFICER
(a)
Ensuring Lawfulness and Financial Prudence of Decision
Making - after consulting with the Head of Paid Service and the
Monitoring Officer, the Chief Finance Officer will report to the
Council or to the Cabinet in relation to an executive function
and the Council's external auditor if he or she considers that
any proposal, decision or course of action will involve incurring
unlawful expenditure, or is unlawful and is likely to cause a loss
or deficiency or if the Council is about to enter an item of
account unlawfully.
(b)
Administration of Financial Affairs - the Chief Finance Officer
will have responsibility for the administration of the financial
affairs of the Council.
(c)
Contributing to Corporate Management - the Chief Finance
Officer will contribute to the corporate management of the
Council, in particular through the provision of professional
financial advice.
(d)
Providing Advice - the Chief Finance Officer will provide
advice on the scope of powers and authority to take decisions,
maladministration, financial impropriety, probity and budget and
policy framework issues to all Councillors and will support and
advise Councillors and officers in their respective roles.
(e)
Give Financial Information - the Chief Finance Officer will
provide financial information to the media, members of the
public and the community.
DUTY TO PROVIDE SUFFICIENT RESOURCES TO THE
MONITORING OFFICER AND CHIEF FINANCE OFFICER
The Council will provide the Head of Paid Service, Monitoring Officer
and Chief Finance Officer with such officers, accommodation and
other resources as are in their opinion sufficient to allow their duties
to be performed.
7.
CONDUCT
Officers will comply with the Officers' Code of Conduct and the
Protocol on Officer/Member Relations set out in Part 5 of this
Constitution.
8.
EMPLOYMENT
The recruitment, selection and dismissal of officers will comply with
the Officer Employment Rules set out in Part 4 of this Constitution.
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ARTICLE 13 DECISION MAKING
1.
RESPONSIBILITY FOR DECISION MAKING
The Council will issue and keep up to date a record of what part of
the Council or individual has responsibility for particular types of
decisions or decisions relating to particular areas or functions. This
record is set out in Part 3 of this Constitution.
2.
PRINCIPLES OF DECISION MAKING
All decisions of the Council will be made in accordance with the
following principles:-
3.
(a)
proportionality (i.e. the action must be proportionate to the
desired outcome);
(b)
due consultation and the taking of professional advice from
officers;
(c)
respect for human rights;
(d)
a presumption in favour of openness;
(e)
clarity of aims and desired outcomes;
(f)
the consideration of alternative options; and
(g)
an explanation of the reasons for the decision.
TYPES OF DECISION
(a)
Decisions Reserved to Full Council.
Decisions relating to the functions listed in Article 4.2 will be
made by the full Council and not delegated.
(b)
Key Decisions
A 'key decision' means an executive decision taken by the
Cabinet, a committee of the Cabinet, an individual member of
the Cabinet or an officer or under joint arrangements which is
likely (i) to result in the local authority incurring expenditure which is,
or the making of savings which are, significant having
regard to the budget for the service or function to which the
decision relates; or
(ii) to be significant in terms of its effects on communities living
or working in the area comprising two or more wards.
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In determining the meaning of 'significant', regard shall be had
to any guidance for the time being issued by the Secretary of
State.
A key decision is any decision which would if
implemented fall in any of the following categories –
•
it is not in accordance with a policy, plan or strategy
which forms part of the policy framework approved
by the Council;
•
it may result in the adoption of any additional policy,
plan or strategy by the Council;
•
it is not in accordance with the budget approved by
the Council;
•
it may increase financial commitments in future
years above existing budgetary approvals;
•
it will result in any of the following:
-
the appointment of additional permanent staff
for which there is no budget provision;
-
the acquisition or disposal of land or property
with a value in excess of £2,000,000;
-
any budgetary virement in excess of the limits
set out in the Code of Financial Management
in Part 4 of this Constitution;
-
any statutory order or scheme if it requires,
either directly or as a result of objections, the
approval of a Minister of the Crown;
-
the initiation of local legislation or byelaws;
-
if it is likely to be of significance in the opinion
of the decision taker
.
Any decision to incur expenditure or savings or realignment
of expenditure in excess of £200,000 shall be treated as
significant for these purposes. However a decision to invite
a tender or award a contract shall not be treated as a key
decision insofar as the purpose of the contract is to fulfil the
intention of any policy or scheme included in the policy
framework or budget or involves a continuation of an
existing policy or service standard.
The decision taker shall inform the Monitoring Officer of all
decisions (including those with a financial value below
£200,000) about which he/she has any doubt as to whether
the decision may or may not be significant for the purposes
of this paragraph and the Monitoring Officer may determine
the decision as a key decision.
Updated 29 March 2017
Page 29
A decision taker may only make a key decision in accordance with
the requirements of the Procedure Rules set out in Part 4 of this
Constitution.
4.
DECISION MAKING BY THE FULL COUNCIL
The Council meeting will follow the Council Procedure Rules set out
in Part 4 of this Constitution when considering any matter.
5.
DECISION MAKING BY THE CABINET
The Cabinet will follow the Cabinet Procedure Rules set out in Part 4
of this Constitution when considering any matter.
6.
DECISION MAKING BY OVERVIEW AND SCRUTINY PANELS
Overview and Scrutiny Panels will follow the Overview and Scrutiny
Procedure Rules set out in Part 4 of this Constitution when
considering any matter.
7.
DECISION MAKING BY OTHER COMMITTEES AND PANELS
ESTABLISHED BY THE COUNCIL
Other Council committees and panels will follow those parts of the
Council Procedure Rules set out in Part 4 of this Constitution as
applied to them.
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ARTICLE 14 –
FINANCE, CONTRACTS AND LEGAL MATTERS
1.
FINANCIAL MANAGEMENT
The management of the Council's financial affairs will be conducted in
accordance with the Code of Financial Management set out in Part 4
of this Constitution.
2.
CONTRACTS
Every contract made by the Council will comply with the Code of
Procurement set out in Part 4 of this Constitution.
3.
LEGAL PROCEEDINGS
The Head of Legal Practice or their nominated representative is
authorised to institute, defend or participate in any legal proceedings
in any case where such action is necessary to give effect to decisions
of the Council or in any case where he/she considers that such action
is necessary to protect the Council's interests and in particular, to
ensure that all procedural and evidential requirements are carried out
in connection therewith.
4.
COMMON SEAL OF THE COUNCIL
The Common Seal of the Council shall be kept in a safe place in the
custody of the Head of Legal Practice.
The Seal shall not be affixed to any document unless the sealing has
been authorised by a resolution of the Council or of the Cabinet,
committee or sub-committee to which the Council have delegated
their powers in this behalf, or by a decision of an officer to which the
Council, Cabinet, committee or panel similarly have delegated their
powers.
The Head of Paid Service or the Head of Legal Practice or their
nominated representatives shall attest every document which is being
sealed and any entry of the sealing of every document to which the
Common Seal has been attached shall be made and consecutively
numbered in a book to be provided for that purpose and each entry
duly attested. The book shall be open for inspection by every
member of the Council.
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5.
SIGNING OF CONTRACTS AND AUTHENTICATION
DOCUMENTS FOR LEGAL PROCEEDINGS
OF
All contracts required to be entered into in writing by the Council as
provided in the Code of Procurement shall be signed by two officers
and the Head of Paid Services and the Head of Legal Practice or
nominated representative shall be authorised as the agent of the
Council to sign such contracts. (This article does not apply where a
Chief Officer has authority to issue a written order in accordance with
the Council’s Code of Financial Management or Code of
Procurement.)
Where any document will be a necessary step in legal proceedings
on behalf of the Council, it shall be signed by the Head of Paid
Service or the Head of Legal Practice or their nominated
representative unless any enactment otherwise requires or
authorises, or the Council gives the necessary authority to some
other person for the purpose of such proceedings.
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ARTICLE 15 REVIEW AND REVISION OF THE CONSTITUTION
1.
DUTY TO MONITOR AND REVIEW THE CONSTITUTION
The Head of Paid Service and Monitoring Officer will monitor and
review the operation of the Constitution to ensure that the aims and
principles of the Constitution are given full effect.
The Monitoring Officer will ensure that the Constitution is kept up to
date and has the delegated power to ensure that it is amended to
reflect changes in legislation and fact, and decisions of the Council
and the Executive
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ARTICLE 16 SUSPENSION, INTERPRETATION AND
PUBLICATION OF THE CONSTITUTION
1.
2.
SUSPENSION OF THE CONSTITUTION
(a)
Limit to Suspension - the Articles of this Constitution may not be
suspended. The Rules specified below may be suspended by the
Council to the extent permitted within those Rules and the law.
(b)
Procedure to Suspend - a motion to suspend any Rules will not be
moved without notice unless at least two thirds of the whole number of
Councillors are present. The extent and duration of suspension will be
proportionate to the result to be achieved, taking account of the
purposes of the Constitution set out in Article 1.
(c)
Rules Capable of Suspension - the following Rules may be suspended
in accordance with this Article - the Council Procedure Rules.
INTERPRETATION
The ruling of the Chairman of the Council, after consultation with the
Monitoring Officer or his/her nominee, as to the construction or application of
this Constitution or as to any proceedings of the Council should not be
challenged at any meeting of the Council. Such interpretation will have regard
to the purposes of this Constitution contained in Article 1.
3.
PUBLICATION
(a)
Each member of the Council, upon delivery of the individual's declaration
of acceptance of office on the member first being elected to Council, will
be provided with the details of where to view a copy of the Constitution
on the Council's website by the Monitoring Officer.
(b)
Copies of this Constitution will be available for inspection on the
Council’s website, and at Council offices, libraries and other appropriate
locations, and can be purchased by members of the local press and the
public on payment of a reasonable fee.
Updated 29 March 2017
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Part 3
Responsibility for Functions
Updated 29 March 2017
Page 35
RESPONSIBILITY FOR FUNCTIONS
1. Scheme of delegation to committees
Introductory Notes
All functions that are not specifically reserved in this constitution to Council, a
committee or the Cabinet (formerly known as the Executive) are delegated to Officers
in accordance with the Officer Scheme of Delegation set out in this Constitution.
A committee or subcommittee may delegate some of its functions to officers and if so
these will be recorded by the Monitoring Officer
The terms and reference of a committee may provide that a matter need only be
referred to the committee if objections or representations have been received or if, for
example, the matter or the proposed decision will have a significant, major or material
impact or might represent a significant or major departure from certain plans of policies.
In these instances there is discretion to be exercised as to what is major, significant,
material or relevant and so whether a particular matter needs to be referred to a
committee or not. That discretion is to be exercised by the relevant Corporate Director
(or their authorised representative) in consultation with the relevant committee
chairperson.
Updated 29 March 2017
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1.
Responsibility for Local Choice Functions
Function
Appeals against disciplinary action against Corporate Directors and Service Managers and
appeals in respect of grievances of Corporate Directors and Service Managers
Functions relating to contaminated land.
Decision Making Body
*
Appeals Sub-Committee
(C)
Delegation of
Functions**
None
Council (C)
Head of Community
Functions relating to the control of pollution or the management of air quality
Licensing and Protection
Committee (C)
Head of Community
Service of an abatement notice in respect of a statutory nuisance
Licensing and Protection
Committee (C)
Head of Community
Passing of a resolution that Schedule 2 to the Noise and Statutory Nuisance Act 1993 should
apply in the Authority’s area
Licensing and Protection
Committee (C)
None
Inspection of the Authority’s area to detect statutory nuisances
Licensing and Protection
Committee (C)
Head of Community
Investigation of complaints as to the existence of statutory nuisances
Licensing and Protection
Committee (C)
Head of Community
Obtaining of information under Section 330 of the Town and Country Planning Act 1990 as to
interests in land
Cabinet (E)
Head of Development
Obtaining of information under Section 16 of the Local Government (Miscellaneous
Provisions) Act 1976 as to interests in land
Cabinet (E)
Heads of Service
Appointments to Outside Bodies and revocation of such appointments
Cabinet (E)
Executive Leader
The making of agreements with other local authorities for the placing of staff at the disposal
of those authorities.
Cabinet (E)
Managing Director and
Heads of Service
* ‘C’ denotes Council ‘E’ denotes Executive
** Delegations to officers are as set out in the Scheme of Delegation to Officers
Updated 29 March 2017
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2.
Responsibility for Council Functions
Committee/Panel and
Membership
Council
Functions
In addition to the functions set out elsewhere in the Constitution
• Exercise of the Council’s functions in relating to parishes and parish councils under Part II of
the Local Government & Rating Act 1997
Delegation of
Functions
None
• Exercise of powers on the following electoral matters:o
o
o
•
Division of parliamentary constituencies and local government wards or electoral divisions
None
into polling districts
Approval of pilot schemes for local elections
Making recommendations to the Electoral Commission in ward boundary reviews, electoral
division reviews and parliamentary constituency reviews
Any other matters relating to elections set out in Part D of Schedule 1 of the Local Authorities Returning
Officer
(Functions and Responsibilities) (England) (Regulations) 2000
• Making and amending Standing Orders, Standing Orders Relating to Contracts and Financial None
Regulations.
• Appointment of Head of Paid Service, the Monitoring Officer and the Section 151 Officer are
reserved to full Council on the recommendation of the Senior Officers Committee.
• Appointment of Corporate Directors is delegated to the Senior Officers Committee unless the
post includes the duties of either the Monitoring Officer or the Section 151 Officer in which
case it is reserved to Council.
• Designation of officers as the Monitoring Officer and Section 151 Officer
Appointment of
other staff is
delegated to
Head of Paid
Service
None
• Appointment of Electoral Registration Officer and Returning Officer for Local Government
Elections
• Appointment of officers for particular purposes(“proper officers”)
• Determining the scheme for travelling and subsistence allowances, conference attendance
Updated 29 March 2017
Managing
Director
Page 38
Committee/Panel and
Membership
Functions
allowances and members scheme of expenses
• Approve the dismissal of the Head of Paid Service, Monitoring Officer and Chief Finance
Officer following the recommendation of such a dismissal by the Senior Officers Committee of
the Council appointed for that purpose.
Development Management
Committee
16 members of the Council
including at least 1 member of
the Cabinet
Delegation of
Functions
None
None
Functions relating to town and country planning and development control as specified in Schedule See scheme of
1 Part A to the Local Authorities (Functions and Responsibilities) (England) Regulations 2000 as
delegation to
amended (the Functions Regulations).
Officers
Powers relating to the protection of important hedgerows and the preservation of trees
Powers relating to the regulation of the use of highways and public rights of way as set out in the
Functions Regulations.
Licensing Committee
(established in accordance
with section 6 of the Licensing
Act 2003)
Functions of the Council as a Licensing Authority under the Licensing Act 2003 and the Gambling
Act 2005 (with the exception of those functions which are reserved to Council), and
miscellaneous matters as set out in the Functions Regulations.
See Scheme of
Delegation to
Officers
Determining the amount of any charge to be made for any approval, consent, licence, permit or
registration within the terms of reference of the Committee.
12 members of the Council
including at least 1 member of
the Cabinet (who shall be the
same as the membership of the
Licensing and Protection
Committee).
In relation to the functions set out above, determining whether and in what manner to enforce any
failure to comply with any approval, licence, permission or registration granted by the Committee
(or an officer acting under delegated powers) or any failure to comply with a condition, limitation
or term to which any such approval, consent, licence, permission or registration is subject.
Licensing Sub-Committee
The Licensing Committee has delegated the following functions under the Licensing Act 2003 See scheme of
(LA03) and the Gambling Act 2005 (GA05) to a Sub-Committee established in accordance with delegation to
s10 of the Licensing Act 2003, but reserves the right to determine any such matter should the Officers
The sub committee shall consist
of 3 members - drawn from the
Updated 29 March 2017
Page 39
Committee/Panel and
Membership
Licensing Committee
Functions
Delegation of
Functions
Committee so resolve To determine an application for a premises licence where relevant representations are received
(LA03 S18)
To determine an application for a provisional statement where relevant representations are
received (LA03 S31)
To determine an application to vary a premises licence where relevant representations are
received (LA03 S35)
To determine an application to vary a premises licence in relation to a premises supervisor where
relevant representations are received (LA03 S39)
To determine an application to transfer a premises licence where relevant representations are
received (LA03 S44)
To cancel an interim authority notice where an objection is submitted by the Police (LA03 S48)
To determine an application for the review of a premises licence (LA03 S52)
To determine an application for a summary review of a premises licence (LA03 S53A)
To consider representations relating to interim steps on a summery review of a premises licence
(LA03 S53B)
To determine a review of a premises licence following summary review (LA03 S53C)
To determine an application for a club premises certificate where relevant representations are
received (LA03 S72)
To determine an application to vary a club premises certificate where relevant representations are
received (LA03 S85)
To determine an application for the review of a club premises certificate (LA03 S88)
To issue a counter notice to a temporary events notice where an objection notice is submitted by
Updated 29 March 2017
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Committee/Panel and
Membership
Functions
Delegation of
Functions
the Police (LA03 S105)
To determine an application for a personal licence with unspent convictions (LA03 S120)
To revoke a personal licence (LA03 S124)
To determine an objection notice from the Police in response to convictions after the grant of a
personal licence (LA03 S124)
To determine a review of a premises licence following a closure order (LA03 S167)
Gambling Act 2005
To determine applications for Premises Licences in respect of which representations have been
made (and not withdrawn) (GA05 S163)
To attach a condition to a Premises Licence or exclude a default condition (GA05 S169)
To determine an application to vary a Premises Licence in respect of which representations have
been made (and not withdrawn) (GA05 S187)
To determine an application for a transfer of a Premises Licence in respect of which
representations have been made (and not withdrawn) (GA05 S188)
To reinstate a lapsed Premises Licence in respect of which representations have been made (and
not withdrawn) (GA05 S195)
To review a Premises Licence and determine action following review (GA05 S201 and 202)
To determine application for provisional statement in respect of Premises Licence where
representations have been made (and not withdrawn) (GA05 S204)
Determination of a Temporary Use Notice where there are objections (GA05 S222)
To issue a counter notice in response to Temporary Use Notice (GA05 S224)
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Committee/Panel and
Membership
Functions
Delegation of
Functions
To make an Order to remove exemptions from specified premises (GA05 S284)
To determine an application for a Club Gaming Permit and a Club Machine Permit and for
renewal of a permit in respect of which representations have been made (and not withdrawn)
(GA05 Schedule 12 – Para 5, 10 and 24)
To determine an application for the variation of a Club Gaming Permit and Club Machine Permit
where representations have been made (and not withdrawn) (GA05 Schedule 12 – Para 15)
To cancel a Club Gaming Permit and Club Machine Permit in respect of which representations
have been made (and not withdrawn) (GA05 Schedule 12 – Para 21)
To cancel Licensed Premises Gaming Machine Permit or variation of number or category of
machines in respect of which representations received (and not withdrawn) (GA05 Schedule 12 –
Para 16)
All functions that are the responsibility of the district council relating to licensing and registration Delegations to
as detailed in Part B of Schedule 1 to the Local Authorities (Functions and Responsibilities) Officers as set
(England) Regulations 2000 detailed below but without limiting this general delegation:
out in the
scheme of
12 members of the Council
delegation to
including at least 1 member of The determination of applications, renewals, suspensions, revocations and all other relevant
Officers
powers in relation to licences regarding Hackney Carriage and private hire vehicles, drivers and
the Cabinet
operators under the Town Police Clauses Act 1847 and Part II of the Local Government
(Miscellaneous Provisions) Act 1976 so far as these powers are not the responsibility of the
Cabinet.
Licensing and Protection
Committee
The determination of applications, renewals, suspensions, revocations and all other relevant
powers in relation to licences authorising the use of land as a caravan site (“site licences”) under
the Caravan Sites and Control of Development Act 1960
The determination of applications, renewals, suspensions, revocations and all other relevant
powers in relation to licences for the use of moveable dwellings and camping sites under s269
Public Health Act 1936
Updated 29 March 2017
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Committee/Panel and
Membership
Functions
Delegation of
Functions
All powers and functions relating to late night levy requirements under Police Reform and Social
Responsibility Act 2011, Chapter 2 of Part 2 and all relevant regulations.
The determination of applications, renewals, suspensions, revocations and all other relevant
powers in relation to sex establishment licences under Local Government (Miscellaneous
Provisions) Act 1982, section 2 and Schedule 3
The determination of applications, renewals, suspensions, revocations and all other relevant
powers in relation to licences for performances of hypnotism under the Hypnotism Act 1952.
The determination of applications, renewals, suspensions, revocations and all other relevant
powers in relation to licences for acupuncture, tattooing, skin-piercing and electrolysis under ss13
-17 Local Government (Miscellaneous Provisions) Act 1982.
The determination of applications, renewals, suspensions, revocations and all other relevant
powers in relation to licences for pleasure boats and pleasure vessels under s94 Public Health
Acts Amendment Act 1907
The determination of applications, renewals, suspensions, revocations and all other relevant
powers in relation to street trading under Local Government (Miscellaneous Provisions) Act 1982
Part III and Schedule 4.
The determination of applications, renewals, suspensions, revocations and all other relevant
powers in relation to food premises licences under s19 Food Safety Act 1990 and all relevant
regulations.
All powers in relation to the issue, amendment or replacement of safety certificates (whether
general or special) for sports grounds under The Safety of Sports Grounds Act 1975.
All powers in relation to the issue, amendment or replacement of safety certificates for regulated
stands at sports grounds under Fire Safety and Safety of Places of Sport Act 1987 Part III.
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Committee/Panel and
Membership
Functions
Delegation of
Functions
The determination of applications, renewals, suspensions, revocations and all other relevant
powers in relation to dog breeding licences under the Breeding of Dogs Act 1973 and the
Breeding and Sale of Dogs (Welfare) Act 1999.
The determination of applications, renewals, suspensions, revocations and all other relevant
powers in relation to the licensing of pet shops and other establishments where animals are bred
or kept for the purposes of carrying on a business under the Pet Animals Act 1951, the Animal
Boarding Establishments Act 1963, the Riding Establishments Acts 1964 and 1970, the Breeding
of Dogs Act 1973 and the Breeding and Sale of Dogs (Welfare) Act 1999.
The determination of applications, renewals, suspensions, revocations and all other relevant
powers in relation to the registration of animal trainers and exhibitors under the Performing
Animals (Regulation) Act 1925.
The determination of applications, renewals, suspensions, revocations and all other relevant
powers in relation to the licensing of zoos under the Zoo Licensing Act 1981.
The determination of applications, renewals, suspensions, revocations and all other relevant
powers in relation to the licensing of the keeping of dangerous wild animals under the Dangerous
Wild Animals Act 1976.
The determination of applications, renewals, suspensions, revocations and all other relevant
powers in relation to the licensing of persons to collect for charitable and other causes in the
street or house to house under Section 5 of the Police, Factories etc. (Miscellaneous Provisions)
Act 1916 and section 2 of the House to House Collections Act 1939.
Taxi, food and miscellaneous licensing, street trading, environmental health, anti-social
behaviour, and community safety
Functions relating to Health and Safety under any "relevant statutory provisions" within the
meaning of Part I of the Health and Safety at Work Act 1974, to the extent that those functions
Updated 29 March 2017
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Committee/Panel and
Membership
Functions
Delegation of
Functions
are discharged otherwise than in the Council's capacity as employer.
The approval of the Food Safety service plan
Determining the amount of any charge to be made for any approval, consent, licence, permit or
registration, or other activity for which the Council has the ability to levy a legal charge within the
terms of reference of the Committee.
Licensing and Protection SubCommittee
The Sub-Committee shall consist
of 4 members, drawn from the
Licensing and Protection
Committee
The Licensing and Protection Committee has delegated the following functions to a SubCommittee but reserves the right to itself to determine any such matter should the Committee so
resolve.
The determination of applications, renewals, suspensions, revocations and all other relevant
powers in relation to licences regarding Hackney Carriage and private hire vehicles, drivers and
operators under the Town Police Clauses Act 1847 and Part II of the Local Government
(Miscellaneous Provisions) Act 1976 so far as these powers are not the responsibility of the
Cabinet.
Delegations to
Officers as set
out in the
Scheme of
Delegation to
Officers
The determination of applications, renewals, suspensions, revocations and all other relevant
powers in relation to licences authorising the use of land as a caravan site (“site licences”) under
the Caravan Sites and Control of Development Act 1960
The determination of applications, renewals, suspensions, revocations and all other relevant
powers in relation to licences for the use of moveable dwellings and camping sites under s269
Public Health Act 1936
All powers and functions relating to late night levy requirements under Police Reform and Social
Responsibility Act 2011, Chapter 2 of Part 2 and all relevant regulations.
The determination of applications, renewals, suspensions, revocations and all other relevant
powers in relation to sex establishment licences under Local Government (Miscellaneous
Updated 29 March 2017
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Committee/Panel and
Membership
Functions
Delegation of
Functions
Provisions) Act 1982, section 2 and Schedule 3
The determination of applications, renewals, suspensions, revocations and all other relevant
powers in relation to licences for performances of hypnotism under the Hypnotism Act 1952.
The determination of applications, renewals, suspensions, revocations and all other relevant
powers in relation to licences for acupuncture, tattooing, skin-piercing and electrolysis under ss13
-17 Local Government (Miscellaneous Provisions) Act 1982.
The determination of applications, renewals, suspensions, revocations and all other relevant
powers in relation to licences for pleasure boats and pleasure vessels under s94 Public Health
Acts Amendment Act 1907
The determination of applications, renewals, suspensions, revocations and all other relevant
powers in relation to street trading under Local Government (Miscellaneous Provisions) Act 1982
Part III and Schedule 4.
The determination of applications, renewals, suspensions, revocations and all other relevant
powers in relation to food premises licences under s19 Food Safety Act 1990 and all relevant
regulations.
All powers in relation to the issue, amendment or replacement of safety certificates (whether
general or special) for sports grounds under The Safety of Sports Grounds Act 1975.
All powers in relation to the issue, amendment or replacement of safety certificates for regulated
stands at sports grounds under Fire Safety and Safety of Places of Sport Act 1987 Part III.
The determination of applications, renewals, suspensions, revocations and all other relevant
powers in relation to dog breeding licences under the Breeding of Dogs Act 1973 and the
Breeding and Sale of Dogs (Welfare) Act 1999.
The determination of applications, renewals, suspensions, revocations and all other relevant
powers in relation to the licensing of pet shops and other establishments where animals are bred
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Committee/Panel and
Membership
Functions
Delegation of
Functions
or kept for the purposes of carrying on a business under the Pet Animals Act 1951, the Animal
Boarding Establishments Act 1963, the Riding Establishments Acts 1964 and 1970, the Breeding
of Dogs Act 1973 and the Breeding and Sale of Dogs (Welfare) Act 1999.
The determination of applications, renewals, suspensions, revocations and all other relevant
powers in relation to the registration of animal trainers and exhibitors under the Performing
Animals (Regulation) Act 1925.
The determination of applications, renewals, suspensions, revocations and all other relevant
powers in relation to the licensing of zoos under the Zoo Licensing Act 1981.
The determination of applications, renewals, suspensions, revocations and all other relevant
powers in relation to the licensing of the keeping of dangerous wild animals under the Dangerous
Wild Animals Act 1976.
The determination of applications, renewals, suspensions, revocations and all other relevant
powers in relation to the licensing of persons to collect for charitable and other causes in the
street or house to house under Section 5 of the Police, Factories etc. (Miscellaneous Provisions)
Act 1916 and section 2 of the House to House Collections Act 1939.
Employment Committee
To discharge the strategic overview of the people management and workforce decisions and
issues within the Council.
8 members of the Council
including at least 1 member of
the Cabinet
Specifically to:-
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•
conduct research and analyse employment practice within the Council and elsewhere
taking account of best practice;
•
liaise with and where necessary to request information and reports from the Council's
Joint Liaison Group to support their analysis;
•
report to/make recommendations to Council and/or Cabinet in relation to the employment
and workforce practices within the Council; and
See scheme of
delegation to
Officers
Page 47
Committee/Panel and
Membership
Functions
Corporate Governance
Committee
To discharge the functions of the Council in relation to the Corporate Governance of the Council
and to be the Council’s “Audit” Committee.
These responsibilities include:
12 members of the Council
1. Considering proposals to change the Council’s Constitutional arrangements and making
appropriate recommendations to the Council.
2. Governance - Regularly reviewing the Council’s Code of Corporate Governance and
recommending any changes to the Council and approving the annual governance statement
and reviewing the achievement of any outstanding improvements.
Delegation of
Functions
3. Ensuring there are effective arrangements for the management of risk across the Council.
4. Fulfilling the Board responsibilities of the Public Sector Internal Audit Standards and ensuring
effective internal audit is undertaken in accordance with those Standards.
5. Receiving and considering external audit reports including the adequacy of management
response to issues identified.
6. Final Accounts - Approving the accounting policies, statement of accounts and considering
any matters arising from the external audit.
7. To consider the arrangements to secure value for money and review assurances and
assessments on the effectiveness of these arrangements.
8. Reviewing and monitoring the policy and procedure and arrangements for investigating
disclosures under the Public Interests Disclosure Act 1999.
9. Monitoring the Anti-Fraud and Corruption Strategy and receive annual updates on countering
fraud.
10. The promotion and maintenance of high standards of conduct within the Council.
11. To advise the Council on the adoption or revision of its Codes of Conduct for Members.
12. The promotion and maintenance of high standards of conduct within the town and parish
councils within Huntingdonshire
13. To advise the Council on the adoption or revision of a Protocol for Member/Officer relations.
14. To advise the Council on the adoption of a Code of Conduct for Planning and monitoring
operation of the Code.
15. Consideration of reports by the Local Government Ombudsman including compensatory
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Committee/Panel and
Membership
Functions
Delegation of
Functions
payments
16. Consider the periodic electoral review and review District and Parish electoral arrangements
including boundaries and other electoral matters.
17. Through the Chairman, the Committee will provide the Council with an Annual Report, timed
to support finalisation of the financial statements and the Governance Statement, on how it
has discharged its responsibilities.
Standards Sub-Committee
To include Independent Person
and Parish Council reps
The Monitoring Officer, in consultation with the Chairman of the Corporate Governance
Committee is authorised to appoint to the Standards Sub-Committee as and when it is required to
be convened.
Functions relating to standards of conduct of members under any relevant provision of, or
regulations made under, the Localism Act 2011.
Senior Officers Committee
comprises
4 Members of the Council (and
the relevant Executive Councillor
in relation to the post to be filled).
To manage the appointment and dismissal of, and take disciplinary action against senior officers*
in accordance with the Officer Employment Procedure.
Specifically to:
•
appoint senior officers including starting salary and remuneration packages;
•
dismiss senior officers;
•
suspend senior officers;
•
undertake hearings and take disciplinary action in the case of senior officers; and
•
set senior officer salaries and determine pay rises, bonuses and other benefits
in accordance with the Officer Employment Procedure Rules.
Such terms of reference to be reviewed on an annual basis by the Panel.
*
For these purposes, senior officers mean Head of Paid Service, Managing Director,
Monitoring Officer, S151 Officer and Corporate Directors.
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Committee/Panel and
Membership
Functions
Senior Officers Committee
Independent Panel
•
To arrange for an investigation into proposed disciplinary action against a Chief Officer,
Monitoring Officer or Chief Finance Officer.
At least two independent persons
and at least one member of the
Cabinet. The panel membership
must be agreed 20 working days
prior to a meeting
•
To offer advice, views or recommendations to Council on the proposed course of action,
including any proposal for dismissal on the grounds of conduct, capability or some other
substantial reason.
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Delegation of
Functions
Page 50
3.
RESPONSIBILITY FOR EXECUTIVE FUNCTIONS
Who is Responsible?
Functions
Onward Limit of Delegations
Executive Leader
All functions of the Council which are not the responsibility of any Cabinet
and
Executive
other part of the Council as defined in the Constitution.
Councillors.
Delegations
to
Officers as set out in the
scheme of delegations to
Officers
Executive Leader
Appointment of Deputy Executive Leader and members of the
Cabinet and allocations of executive responsibilities
Deputy Executive Leader
All functions of Executive Leader in his/her absence or that position
being vacant
Cabinet
Membership as appointed by
Executive Leader
Subject to the role of the Executive Leader as set out above and the Delegations to Officers as set
operation of the call-in mechanism, to collectively determine all out in the scheme of delegation
matters which are within the Council’s Policy Framework and Budget to Officers
other than those reserved by this Constitution to the Council or
various committees of the Council.
Executive Councillors
Functions as may be delegated by the Executive Leader or Cabinet Delegations to Officers as set
as specified in Part 3 of the Constitution
out in the scheme of delegation
to Officers
Treasury and Capital
Management Group
To review the Council’s Treasury Management Activity and Capital Delegations to Officers as set
Programme. To review, support and guide the development and out in the scheme of delegation
to Officers
operation of the Commercial Investment Strategy.
Decisions on disposal or acquisition of Land and property with values
between £500,000 and £2,000,000
Membership: Executive
Leader, Deputy Executive
Leader and Executive
Councillor - Resources
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4. SCHEME OF DELEGATIONS TO OFFICERS
4.1 The authority for delegating functions to the Cabinet, Committees, Panels and Officers
is contained in Section 101 of the Local Government Act 1972 and Section 14 of the
Local Government Act 2000 and these sources have generally been quoted except
where it was convenient or considered helpful to quote the source of the power
delegated. The authority for the delegation of functions by the Licensing Committee is
contained in Sub Section 10 (1) of the Licensing Act 2003. Certain other delegations
are implicit in Standing Orders, the Code of Financial Management and Code of
Procurement. The date of delegation which is given in each case is the original date of
delegation by a Committee or by the new date of delegation by the Council, Cabinet,
Committee and Panels as a result of the introduction of the Cabinet style of executive
administration.
4.2 In the case of absence by an appropriate Executive Councillor, the requirement for an
Officer to consult before carrying out any action or function shall be replaced by a
requirement to consult with the Executive Leader of the Council.
4.3 In the case of absence by the Executive Leader of the Council, the requirement for an
Officer to consult before carrying out any action or function shall be replaced by a
requirement to consult with the Executive Deputy Leader of the Council.
4.4 The term appropriate executive councillor means the Member appointed by the Cabinet
to the position of executive councillor for those functions relative to the requirement for
consultation to take place.
4.5 (Regarding the functions of the 'Proper Officer' and unless otherwise referred to in the
Scheme, the Head of Paid Service or in her absence, the Monitoring Officer shall be
appointed as the Proper Officer for the purposes of Section 270(3) of the Local
Government Act 1972 and in relation to any other statute or matters indicated herein.)
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5. COUNCIL FUNCTIONS - SCHEME OF DELEGATION BY MANAGING DIRECTOR
(AS HEAD OF PAID SERVICE) TO OFFICERS OF COUNCIL FUNCTIONS AND
LOCAL CHOICE FUNCTIONS WHICH ARE NOT THE RESPONSIBILITY OF THE
EXECUTIVE.
5.1 GENERAL PRINCIPLES
a) The Managing Director has delegated to her all the powers of the Council other
than those reserved to full Council or delegated to Committees and has in turn
delegated to officers in accordance with the scheme set out at Annex A below.
b) This scheme is made by the Managing Director (as Head of Paid Service). It
delegates to officers the powers and duties of the Council which, by virtue of the
Local Authorities (Functions and Responsibilities) (England) Regulations 2000
or any amendments to them (the “Regulations”) are not to be the responsibility
of the Council’s Cabinet; together with those local choice functions which are
not the responsibility of the Cabinet.
c) This scheme is made, under section 101(1)(a) of the Local Government
Act 1972. It is made in accordance with section 151 of that Act, and all other
provisions relating to functions held by the Council; and shall be construed in
accordance with any legislation amending, or substituted for, any of those
provisions, or any legislation having a similar purpose or made for similar
purposes.
d) This scheme does not delegate to officers:
i.
any matter reserved to full Council;
ii.
any matter which by law may not be delegated to an officer;
iii.
any matter expressly reserved to a committee by the Council’s
Standing Orders or Financial Regulations, or withdrawn from delegation
by this scheme or by a committee;
iv.
any power to change fees, charges or concession policies;
v.
any power to make a decision on permanent savings in a budget;
vi.
any power to make an order for the compulsory acquisition of land;
vii.
any power to acquire land in advance of requirements;
viii.
any power to confirm any order, or to issue or grant any permission,
consent, licence or other determination, which is the subject of a
statutory right of objection that has been duly exercised.
e) In respect of any matter falling within the parameters of this scheme, the
Managing Director may in writing make such detailed delegations to officers
concerning functions and activities within a given area of responsibility (“internal
delegations”) as he considers appropriate.
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f)
The Managing Director may, in writing, delegate any function of the Council (or
local choice function not the responsibility of the Executive) which has been
delegated to him/her, and which is not otherwise delegated under this scheme,
and he may vary in writing any delegation made under this scheme.
g) This scheme delegates powers and duties within broad functional descriptions.
It includes powers and duties under all legislation, present and future, within
those descriptions, and all powers and duties incidental to that legislation, as
well as authorising the affixing of the Common Seal.
h) This scheme includes an obligation on officers to keep Members of the Council
properly informed of activity arising within the scope of these delegations.
5.2
GENERAL LIMITATIONS
a) An officer, in exercising delegated powers, shall consult other appropriate
officers and shall have regard to any advice received.
b) Any exercise of delegated powers shall be subject to any policy framework
approved by the Council from time to time, including the authority’s employment
policies and disciplinary procedures, equal opportunities policies, and any
service delivery policies; and shall be guided by relevant Codes of Conduct or
protocols produced or adopted from time to time by the Council (including any
Code or protocol which has been included within the Council’s constitution) and
the Corporate Plan.
c) Any exercise of delegated powers shall be subject to:
i.
ii.
iii.
iv.
v.
any statutory restrictions
the Council’s Standing Orders
the Financial Regulations
the Code of Procurement
the provisions generally of Part 4 of the Constitution
d) In exercising delegated powers, officers shall not go beyond the provision made
in the revenue or capital budgets for their service, except to the extent permitted
by the Financial Regulations or the Code of Procurement.
5.3
DELEGATIONS TO OFFICERS
a) The functions or activities listed in Annex A to this scheme and varied from time
to time are hereby delegated to the officers in the posts named in Annex A.
b) Limitation of delegations - The powers delegated to officers under this
scheme do not include any power to take a decision which is properly a matter
for the Council, or a committee or sub-committee. Officers are, in the context of
this scheme, responsible for the management of their services, the provision of
advice to the Council and Members, and the implementation of Council policies
and decisions. A decision which an officer takes, under a delegation made by or
under this scheme, must:
i.
implement a policy previously approved or decision previously taken,
by the Council, or a committee or sub- committee (or by or with the
Executive); or
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ii.
iii.
iv.
5.4
facilitate, or be conducive or incidental to, the implementation of a policy or
decision previously approved, or decision;
relate to the management of the human, material or financial resources
made available for the functions for which the Council is responsible;
any officer exercising powers or duties in pursuance of full sub- delegation
will be politically restricted under section 2(1)(g) of the Local Government
and Housing Act 1989.
FURTHER PROVISIONS
a) Individual Delegations
An officer to whom a delegation has been made by, or in accordance
with, this scheme may (subject to the terms of any applicable internal
delegation) further delegate in writing all or any of their delegated functions to
another officer (described by name and post), either fully or under the general
supervision and control of the delegating officer. Delegations made under this
sub-paragraph (“individual delegations”) may be made across service
boundaries.
b) Register of Internal and Individual Delegations
Subject to paragraph 5.4c below, all internal delegations made under paragraph
5.1 above, and individual delegations made under paragraph 5.4a above, shall
be recorded in a register kept by the Monitoring Officer in accordance with
section 100G of the Local Government Act 1972. (See also paragraph 5.4e
below).
c) Continuation of existing delegations
A delegation to an officer which existed at the date of the introduction of
this scheme shall, to any extent that it remains unaltered by (and is not
inconsistent with) any delegation (or variation to a delegation) made by or
under this scheme, shall continue to have effect.
d) Deemed delegations
Where in respect of a given function or activity, no delegation is in effect, and
an officer has a management responsibility in relation to the exercise of that
function or activity, the exercise of any delegated authority necessary to carry
out the function or activity effectively shall be deemed to have been delegated
to that postholder.
e) Other provisions
i.
All action taken under the terms of these delegations (and not falling within
the description of an internal delegation in paragraph 1d above, or an
individual delegation in paragraph 5.4a above) shall be properly
documented in accordance with arrangements approved by the Monitoring
Officer.
ii.
It shall always be open to a senior officer to consult the appropriate
Chairman of a Committee, or other appropriate Member, on the exercise
of a delegated function; or, not to exercise a delegated function but to refer
Updated 29 March 2017
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the matter back to a sub-committee (or other Member grouping), Committee
or the Council.
iii.
In this scheme, “officer” means the holder of any post to which a function or
activity, or powers and duties in relation to such a function or activity, may
be delegated.
iv.
Where a function or activity has been specifically delegated by or under this
scheme to an officer, that function or activity shall not be exercised by
another officer without the consent of the former, other than in
circumstances of the death or incapacity of that officer or, in an emergency,
where the officer to whom the delegation was made is absent or otherwise
unavailable.
v.
An authority delegated to officers includes management of the human and
material resources made available for the service/portfolio areas and
any function concerned; to the extent of that authority, within the limitations
of this scheme, and subject to any specific delegations made by or in
accordance with this scheme to another officer.
vi.
In each case, a delegated authority excludes any determination of policy,
any exception to policy, or of any budget by the officer concerned.
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Annex A – Council Functions
Delegations to Officers
MANAGING DIRECTOR
1.
To be Head of the Paid Service.
2.
To be the Electoral Registration Officer and Returning Officer for District Council
Elections.
3.
Within the overall resources allocated by the Council and in direct support of the
Council's objectives, to act on behalf of the Council on all matters including those
which have been delegated to any other Officer PROVIDED THAT
3.1 the Managing Director may not exercise a power which is reserved by
statute to another Officer;
3.2 before exercising the power of another Officer, the Managing Director shall
consult with that Officer if available;
3.3 the Managing Director when exercising any powers may authorise the
incurring of expenditure in an emergency even if there is no specific
provision in the budget of the Council.
4.
In consultation with the Executive Leader or in their absence with the Deputy
Leader to act in a case of urgency in respect of any matter affecting the
Council/Cabinet respectively, subject to a report on the circumstances being made
to the next Council/Cabinet meeting.
5.
To keep under constant review the needs of the District and its community in
relation to all those services provided by the Council and to take all such action
which in his/her judgement is necessary to ensure that those needs are met within
the framework of any policies agreed by the Council.
6.
To lead on strategies for change whether from within the authority or externally
influenced.
7.
To make arrangements for dealing with any matter raised by the Government or
local authority association calling for a view or decision by the Council.
8.
To be responsible for the overall organisational structure of the Council.
9.
To be responsible via the Corporate Director (Delivery) and Corporate Director
(Services) for determining and issuing guidance to Officers for the management of
human resources, including recruitment, training, conditions of service, staff
development/appraisal, disciplinary matters, health and safety, employee welfare
and any other matter concerning staff.
10.
To ensure the provision of professional advice to all parties in the decision-making
process.
11.
Together with the Monitoring Officer to be responsible for a system of recordkeeping for all local authority decisions
Updated 29 March 2017
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12.
To represent the Council on partnership and other bodies.
13.
To be responsible for the health and safety of all employees of the District Council.
14.
To sign any document on behalf of the Council and to witness affixation of the
Council’s Common Seal to any document.
15.
In consultation with appropriate Members of the Council to make appointments to
member bodies forming part of the Council's official structure and to fill casual
vacancies on member bodies forming part of the Council's approved structure in
accordance with Sections 15-17 of the Local Government and Housing Act 1989???
16.
To be the Proper Officer of the Council, except where legislation or arrangements
names another Officer.
The following functions or activities are delegated by the Managing Director to the
following officers:
NB:
References below to “the Regulations” are to the Local Authorities (Functions and
Responsibilities) (England) Regulations 2000 (SI 2000 No. 2853).
CORPORATE DIRECTOR (DELIVERY)
1. To exercise the functions of the Council in relation to common land, and town and
village greens, as specified in paragraphs 51-53 of Part Two of Schedule 1 (Other
Miscellaneous Functions) of the Regulations
2. To exercise all the functions of the Council relating to town and country planning and
development control specified in paragraphs 5-23 of Schedule 1A (Functions relating to
town and country planning and development control) of the Regulations, except for the
following:
i.
determination of planning applications, or proposals in accordance with
the development plans, where objections or contrary observations are raised by
other local authorities (including
parish councils or parish meetings),
statutory consultees,
persons adversely affected by the proposals
(provided that the objection or observation is on planning grounds and
the objection or observation has not been previously considered and
discounted by the authority), or an appropriate local Member;
ii.
determination of minerals and waste applications requiring Environmental
Impact Assessments;
iii.
determination of applications for District Council development where objections
are raised to the proposals;
iv.
approval of major departures from development plans arising from planning
applications and proposals.
3. To exercise the licensing and registration functions of the Council as specified in
paragraphs 22, 26- 27, 31, 43-46, and 56 of Schedule 1B (Licensing and Registration
Functions) of the Regulations.
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4. To exercise the functions of the Council in relation to the approval of premises for the
solemnisation of marriages, as specified in paragraph 36 of Schedule 1B (Licensing
and Registration Functions) of the Regulations.
CORPORATE DIRECTOR (SERVICES)
1.
To be the Proper Officer of the Council, except where legislation or the Scheme of
Delegation names another postholder, and to authorise the making and issue of any
formal documents.
HEAD OF RESOURCES
1. To exercise the proper administration of the Council’s financial affairs under Section
151 of the Local Government Act 1972 Section 114 of the Local Government Finance
Act 1988 and Regulation 5 of the Accounts and Audit Regulations 2003.
2. To maintain an adequate and effective system of internal audit in accordance with
Financial Regulations.
3. To be the Proper Officer under section 115 of the Local Government Act 1972.
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6.
EXECUTIVE FUNCTIONS - SCHEME OF DELEGATION, BY MANAGING DIRECTOR
TO OFFICERS, OF EXECUTIVE FUNCTIONS AND LOCAL CHOICE FUNCTIONS
WHICH ARE THE RESPONSIBILITY OF THE EXECUTIVE LEADER AND CABINET
6.1
GENERAL PRINCIPLES
a) The Managing Director has delegated to her all the powers of the Executive
other than those reserved to the Cabinet by statute or this Constitution and has
in turn delegated to officers in accordance with the scheme set out at Annex B
below. In the event of the Council being without a Leader the Managing Director
has delegated authority to exercise any necessary executive powers until a new
Leader is elected.
b) This scheme is made by the Managing Director of the authority. It delegates
powers and duties in relation to executive functions and local choice functions
exercisable by the Executive to officers. It may be read with Part 3 of the
authority’s Constitution, which delegates powers and duties in relation to
executive functions and local choice functions to the Executive Leader and
Cabinet. Where their functions are common, Members of the Executive and
officers exercise those functions as a partnership, subject to their differing roles
(for example, in decision-making).
c) This scheme is made, as part of the executive arrangements of the authority
under section 15(2)(d) of the Local Government Act 2000. It is made in
accordance with that section and with the Local Authorities (Arrangements for
the Discharge of Functions) (England) Regulations 2000 (SI 2000 No. 2851). It
shall be construed in accordance with any legislation amending, or substituted
for, either of those provisions; or any legislation having a similar purpose or
made for similar purposes.
d) In respect of any matter falling within the parameters of this scheme, the
Managing Director may in writing make such detailed delegations to officers
concerning functions and activities within a given area of responsibility (internal
delegations) as he considers appropriate.
e) The Managing Director may in writing delegate any executive function which
has been delegated to him/her, and which is not otherwise delegated under this
scheme. He/she may vary in writing any delegation made under this scheme.
f)
This scheme delegates powers and duties within broad functional
descriptions. It includes powers and duties under all legislation, present and
future, within those descriptions, and all powers and duties incidental to that
legislation, as well as authorising the affixing of the Common Seal.
g) This scheme includes an obligation on officers to keep Members properly
informed of activity arising within the scope of these delegations.
6.2
GENERAL LIMITATIONS
a) An Officer, in exercising delegated powers, shall consult other appropriate
Officers and shall have regard to any advice received.
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b) Any exercise of delegated powers shall be subject to any policy framework
approved by the Council, or the policies approved by the
Cabinet
from
time to time, including the authority’s employment
policies
and
disciplinary procedures, equal opportunities policies, and any service
delivery policies; and shall be guided by relevant Codes of Conduct or
protocols produced or adopted from time to time by the authority
(including any Code or Protocol which has been included within the authority’s
Constitution) and the Corporate Plan.
c) Any exercise of delegated powers shall be subject to any statutory restrictions,
and to the provisions of Part 4 of the Constitution.
d) In exercising delegated powers, Officers may not go beyond the provision made
in the revenue or capital budgets for their service, except to the extent permitted
by the Financial Regulations and Contracts Standing Orders.
6.3
DELEGATIONS TO OFFICERS
a) The functions or activities listed in the Annex to this Scheme of Delegation, and
as varied from time to time, are hereby delegated to the Officers in the posts
named in the Annex.
b) Limitation of delegations
The powers delegated to Officers under this scheme do not include the power
to take a key decision. Officers are responsible, in the context of this scheme,
for the management of their services, the provision of advice to the Executive
and to Members, and the implementation of Council and Executive policies and
decisions. A decision which an Officer takes, under a delegation of an
executive function, must:
i.
ii.
iii.
implement a policy previously approved, or decision previously
taken, by the Cabinet or a Cabinet Member; or by or with the Council,
or a committee or sub-committee; or
facilitate, or be conducive or incidental to, the implementation of a
policy previously approved, or decision previously taken, by the
Cabinet or a Cabinet Member; or by or with the Council, or a
committee or sub-committee; or
relate to the management of the human, material or financial
resources made available for the functions for which the Executive are
responsible.
c) Any Officer exercising powers or duties in pursuance of full sub- delegation will
be politically restricted under section 2(1)(g) of the Local Government and
Housing Act 1989.
6.4
FURTHER PROVISIONS
a) Individual Delegations
An Officer to whom a delegation has been made by, or in accordance with,
this scheme may (subject to the terms of any applicable internal delegation) further
delegate in writing all or any of their delegated functions to another Officer
(described by name and post), either fully or under the general supervision and
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control of the delegating officer. Delegations made under this sub-paragraph
(“individual delegations”) may be made across service boundaries.
b) Register of Internal and Individual Delegations
Subject to paragraph 3c below, all internal delegations made under paragraph 6.1
above, and individual delegations made under paragraph 6.4a above, shall be
recorded in a register kept by the Monitoring Officer. (See also paragraph 6.4e
below).
c) Continuation of existing delegations
A delegation to an Officer which existed at the date of the introduction of this
scheme shall, to any extent that it remains unaltered by (and is not inconsistent
with) any delegation (or variation to a delegation) made by or under this scheme,
shall continue to have effect.
d) Deemed delegations
Where in respect of a given function or activity, no delegation is in effect and an
officer has a management responsibility in relation to the exercise of that function or
activity, the exercise of any delegated authority necessary to carry out the function
or activity effectively shall be deemed to have been delegated to that postholder.
e) Other provisions
i.
All action taken under the terms of these delegations (and not falling
within the description of an internal delegation in paragraph 1c above, or
an individual delegation in paragraph 3a above) shall be properly
documented in accordance with arrangements approved by the
Monitoring Officer.
ii.
It is always be open to a senior officer to consult the appropriate Cabinet
Member on the exercise of a delegated function; or, not to exercise a
delegated function, but to refer the matter to the Cabinet or an
appropriate Cabinet Member.
iii.
In this scheme, “Officer” means the holder of any post to which a
function or activity, or powers and duties in relation to such a function or
activity, may be delegated.
iv.
Where a function or activity has been specifically delegated by or under
this scheme to an Officer, that function or activity shall not be exercised
by another officer without the consent of the former, other than in
circumstances of the death or incapacity of that Officer or, in an
emergency, where the Officer to whom the delegation was made is
absent or otherwise unavailable.
v.
An authority delegated to Officers includes management of the human
and material resources made available for the service/portfolio
areas and any function concerned; to the extent of that authority, within
the limitations of this scheme, and subject to any specific delegations
made by or in accordance with this scheme to another Officer.
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vi.
In each case, a delegated authority excludes any determination of
policy, or exceptions to policy, or of any budget by the officer concerned.
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Annex B – Executive Functions - Delegations to Officers
The following functions are delegated to the following officers by the Managing
Director.
CORPORATE DIRECTOR (DELIVERY)
1. Within the overall resources allocated by the Council and in direct support of the
Council’s objectives to act on behalf of the Council on all matters relating to the
discharge of the Council’s functions relating to the following service delivery functions,
unless that function has been specifically delegated to another Officer:
o Development
o Community
o Leisure and Health
2. To be responsible for the Health and Safety of employees
CORPORATE DIRECTOR (SERVICES)
1. Within the overall resources allocated by the Council and in direct support of the
Council’s objectives to act on behalf of the Council on all matters relating to the
discharge of the Council’s functions relating to the following service delivery functions,
unless that function has been specifically delegated to another officer:
• Operations
• Customer Services
• Resources
2.
To be responsible for the Health and Safety of Employees
3.
In conjunction with the Managing Director to be responsible for a system of record
keeping for all the local authority decisions.
HEAD OF RESOURCES
1.
Within the overall resources allocated by the Council and in direct support of the
Council’s objectives and policies to act on behalf of the Council on all matters relating
to Accountancy. Internal Audit and Risk, Procurement, Legal Client management and
Property and Estate Management.
2.
To exercise the proper administration of the Council’s financial affairs under section
151 of the Local Government Act 1972 and section 114 of the Local Government
Finance Act 1988.
3.
To be the Proper Officer under section 115 of the Local Government Act 1972.
4.
To have responsibility for the overall management of the internal audit function in
accordance with the Accounts and Audit Regulations 2003 (or any amending or
substituted legislation, or legislation with a similar purpose or made for similar
purposes).
5.
To have responsibility for borrowing and lending within limits approved by the authority.
6.
To make various determinations on an annual basis relating to capital expenditure
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7. In consultation with the Head of 3C Legal Shared Service, to authorise the
acquisition, re-use, appropriation and disposal of the Council's land and buildings,
together with the granting or taking assignment or surrender of leases, tenancies,
licences, easements, wayleaves and variations of rent of the Council's land and
buildings.
HEAD OF CUSTOMER SERVICES
1. Within the overall resources allocated by the Council and in direct support of the
Council’s objectives to act on behalf of the Council on all matters relating to the
discharge of the Council’s functions relating to Customer Services, Revenues and
Benefits, Housing Needs, Document Centre and ICT shared service client
management
HEAD OF OPERATIONS
1. Within the overall resources allocated by the Council and in direct support of the
Council’s objectives to act on behalf of the Council on all matters relating to the
discharge of the Council’s functions relating to: Refuse, Recycling & Garden Waste
Collections, Waste Management, Street Cleansing, Parks, Open Spaces & Amenity
Areas, Bulky Waste Collection Service, Car Parks, Vehicle Fleet & Mechanical
Plant and Markets.
HEAD OF DEVELOPMENT
1. Within the overall resources allocated by the Council and in direct support of the
Council’s objectives to act on behalf of the Council on all matters relating to
Planning Policy, Development Management, Building Control client management,
Housing Strategy and Economic Development.
2. To determine matters in accordance with the scheme of delegation of planning
decisions and actions approved by the Development Management Panel.
HEAD OF COMMUNITY
1. Within the overall resources allocated by the Council and in direct support of the
Council’s objectives to act on behalf of the Council in relation to the discharge of
the Council’s functions and responsibilities for Environmental Health, Animal
Welfare and Pest Control, CCTV, Community Safety, Community Development and
Licensing, including issuing and ensuring compliance with licenses on whatsoever
nature other than those licenses falling within the responsibility of another Head of
Service in accordance with a Scheme of Delegation of Officers as determined by
the Licensing and Protection Committee, or Licensing Committee.
HEAD OF LEISURE AND HEALTH
1. Within the overall resources allocated by the Council and in direct support of the
Council’s objectives to act on behalf of the Council in all matters relating to the
discharge of the Council’s functions and responsibilities relating to sports and
leisure centres, sports and active lifestyles and Health and Well-being.
CORPORATE TEAM MANAGER
1. Within the overall resources allocated by the Council and in direct support of the
Council’s objectives to act on behalf of the Council in all matters related to the
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discharge of the Council’s functions and responsibilities relating to policy and
performance, corporate communications, marketing, programme and project
management, democratic services and elections.
2. To manage administration of the Council’s complaints including issues of
maladministration.
HEAD OF LEGAL SHARED SERVICE
1. To act as Solicitor to the Council and to settle on appropriate terms any litigation or
claim taken by or against the Council.
2. In consultation with the Managing Director/relevant Corporate Director to authorise
the institution, defence, withdrawal, compromise or any other action relating to
claims or legal proceedings, civil or criminal (except in relation to prosecutions
where the authorisation of prosecutions is expressly delegated to another Head of
Service).
3. To authorise Officers of the Council to appear before Magistrates' Courts or County
Courts.
4. To issue or serve statutory notices on behalf of the Council in relation to any of its
functions.
5. To be the Proper Officer of the authority, except where legislation, or a delegation
made by or under this scheme, names another officer; and to authorise the making
and issue of any formal documents.
HEAD OF 3C ICT SHARED SERVICE
1. Within the overall resources allocated by the Council and in direct support of the
Council’s objectives to act on behalf of the Council in all matters related to the
discharge of the Council’s functions and responsibilities relating to the delivery of
ICT services, information management, Freedom of Information requests and street
naming and numbering.
2. To have overall responsibility for the Council's Information Management Systems.
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Part 4
Rules of Procedure
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COUNCIL PROCEDURE RULES
(STANDING ORDERS)
1.
SCOPE
These rules apply to meetings of the Council
2.
ANNUAL MEETING OF THE COUNCIL
2.1
Timing and Business
In a year when there is an ordinary election of Councillors, the annual meeting
will take place within 21 days of the retirement of the outgoing Councillors and
normally will be held on the third Wednesday in May of each year
commencing at 6.00 pm.
The annual meeting will:(i)
elect a person to preside if the Chairman of the Council is not present;
(ii)
elect the Chairman of the Council;
(iii)
appoint the Vice-Chairman of the Council;
(iv)
approve the minutes of the last meeting;
(v)
receive any announcements from the Chairman and/or Head of Paid
Service;
(vi)
elect the Executive Leader;
(vii) appoint members to Overview and Scrutiny Panels, the Standards
Committee, the Licensing Committee and such other committees as the
Council considers appropriate to deal with matters which are neither
reserved to the Council nor are executive functions (as set out in Part 3
of this Constitution) and to alter their membership at any ordinary
meeting;
(viii) agree the scheme of delegation or such part of it as the Constitution
determines it is for the Council to agree (as set out in Part 3 of this
Constitution); and
(ix)
2.2
consider any business set out in the notice convening the meeting in the
order in which it appears in the Council summons but that order may be
varied at the discretion of the Chairman or by resolution of the Council.
Selection of Councillors on Committees and Panels
At the annual meeting, the Council will:(i)
decide which committees and panels in addition to the Licensing
Committee should be established for the ensuing municipal year;
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3.
(ii)
decide the terms of reference for those committees/panels with the
exception of the Licensing Committee;
(iii)
decide the allocation of seats to political groups in accordance with the
political balance rules;
(iv)
receive nominations of Councillors to serve on each committee and
panel; and
(v)
appoint to those committees and panels annually.
ORDINARY MEETINGS OF THE COUNCIL
Ordinary meetings of the Council will take place in accordance with the annual
programme of meetings. Ordinary meetings will:(i)
elect a person to preside if the Chairman or Vice-Chairman are not
present;
(ii)
approve the minutes of the last meeting;
(iii)
receive any declarations of interest from members;
(iv)
receive any announcements from the Chairman or Head of Paid Service;
(v)
receive reports from the Executive Leader, Deputy Executive Leader or
other member of the Cabinet and Chairmen of the Overview and
Scrutiny Panels, committees and other panels, receive questions and
answers on any of those reports and consider any recommendations
contained therein.
(vi)
consider motions;
(vii) consider any other business specified in the summons to the meeting in
the order in which it appears in the Council summons; but that order may
be varied at the discretion of the Council or by resolution of the Council
including consideration of proposals from the Cabinet in relation to the
Council's budget and policy framework and reports of the Overview and
Scrutiny Panels for debate.
4.
EXTRAORDINARY MEETINGS
4.1
Calling Extraordinary Meetings
Those listed below may request the Head of Paid Service to call Council
meetings in addition to ordinary meetings:(i)
the Council by resolution;
(ii)
the Chairman of the Council;
(iii)
the Monitoring Officer; and
(iv)
any five members of the Council if they have signed a requisition
presented to the Chairman of the Council and he/she has refused to call
a meeting or has failed to call a meeting within seven days of the
presentation of the requisition.
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4.2
Business
The summons to an extraordinary meeting of the Council shall set out the
business to be considered thereat and no business other than that set out in
the summons shall be considered at that meeting.
5.
TIME AND PLACE OF MEETINGS
The time and place of meetings will be determined by the Head of Paid
Service and notified in the summons. Meetings of the Council normally shall
be convened for 7 pm. In special circumstances, the Head of Paid Service
(after consultation with the Chairman) may fix some other hour of
commencement of any meeting of the Council.
6.
NOTICE OF AND SUMMONS TO MEETING
The Head of Paid Service will give notice to the public of the time and place of
any meeting in accordance with the Access to Information Rules. At least five
clear days before a meeting, the Head of Paid Service will send a summons
signed by him or her by post to every member of the Council or leave it at their
usual residence. The summons will give the date, time and place of each
meeting and specify the business to be transacted and will be accompanied
by such reports as are available.
7.
CHAIRMAN OF MEETING
The person presiding at the meeting may exercise any power or duty of the
Chairman. Whenever the Chairman rises during debate a member then
standing shall resume his seat and the Council shall be silent. Where these
Rules apply to panel and committee meetings, references to the Chairman
also include the Chairman of such panel and committee.
8.
QUORUM
The quorum of a meeting will be one quarter of the whole number of
members. During any meeting if the Chairman counts the number of
members present and declares that there is not a quorum present, then the
meeting will adjourn immediately. Remaining business will be considered at a
time and date fixed by the Chairman. If he/she does not fix a date, the
remaining business will be considered at the next ordinary meeting of the
Council.
9.
QUESTIONS BY MEMBERS
9.1
Oral Questions on Reports of the Cabinet, Committee or Panel
A member of the Council may ask the Executive Leader, a member of the
Cabinet with portfolio responsibility, or the Chairman of a Committee or Panel
any question, without notice, upon an item of the report of the Cabinet or a
Committee or Panel when that item is being received or under consideration
by the Council.
9.2
Oral Questions on Recommendations of the Cabinet, Committee or Panel
or Other Reports to the Council
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Before a recommendation of the Cabinet, Committee or Panel or a report that
is otherwise included on the agenda is open for consideration by the Council,
a Member of the Council may ask a question, without notice, on the
recommendation or report to:-
9.3
(i)
the Executive Leader, a member of the Cabinet with portfolio
responsibility, or the Chairman of a Committee or Panel, as appropriate;
and/or
(ii)
the author of the report in the case of a report that is otherwise included
on the agenda for the meeting.
Oral Questions
At each ordinary meeting of the Council (excluding the annual meeting or any
special meeting convened to consider a specific issue), there shall be a period
for oral questions. A member of the Council may ask the Executive Leader or
a member of the Cabinet with portfolio responsibility any question, without
notice, on any matter relevant to the Council’s powers and duties. The conduct
of oral question time shall be regulated by the Chairman of the Council
a.
All questions –
♦
♦
♦
♦
b.
Questions should not –
♦
♦
♦
9.4
must be relevant to matters for which the Council has powers or
duties;
must not relate to an item which is included elsewhere on the
Council agenda since they can be raised at that point in the
meeting;
should be limited to obtaining information or pressing for action;
must not exceed two minutes in duration.
be incapable of being adequately answered in two minutes;
contain offensive expressions;
divulge, or require to be divulged, confidential or exempt
information.
c.
Any facts on which a question is based should be identified briefly when
the question is asked. A member who asks a question may be asked to
verify the authenticity of any factual statement. A ten minute period for
questions to each presenting Executive Councillor, the balance of the 30
minutes will be used for questions to the Cabinet generally.
d.
Where a member considers that the subject matter demands a
comprehensive detailed answer, the question should be submitted to
Monitoring Officer by noon at least 8 clear days in advance of the
meeting.
Response
An answer to an oral question may take the form of:
(a)
a direct oral answer of up to a maximum of two minutes’ duration;
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9.5
(b)
where the desired information is in a publication of the Council or other
published work, a reference to that publication; or
(c)
where the reply cannot conveniently be given orally, a written answer
circulated later to the questioner and made available to all members of
the Council and the public.
Written Questions
Subject to Rule 9.6, a member of the Council may ask the Chairman, the
Executive Leader, a member of the Cabinet with executive responsibility or the
Chairman of any Committee or Panel a question, in writing, on any matter in
relation to which the Council has powers or duties or which affects the District.
9.6
Notice of Questions
A member may only ask a question under Rule 9.5 if, either -
.
9.7
(a)
he has given notice in writing of the question to the office of the
Monitoring Officer not later than 12 noon on the 8th clear working day
before the date of the meeting; or
(b)
Where a question relates to a matter of urgency, a member must seek
the agreement of the Chairman of the Council and the member to whom
the question is to be put that he is prepared to accept the question as a
matter of urgency. If agreement is forthcoming, the content of the
question must be given in writing to the office of the Monitoring Officer at
least one hour before the scheduled start of the meeting.
Response to Questions
A response to a written question shall take the form of a written reply by the
member concerned which shall be made available to members of the Council
and to the public prior to the start of the meeting.
Where an urgent question has been submitted under Rule 9.6(b), a written
response will be made available to members of Council and to the public as
soon as practicable.
Members will seek to respond to questions as fully as possible but shall not be
required to divulge confidential or exempt information.
9.8
Supplementary Questions
A member asking a question under Rule 9.1 or Rule 9.3 may ask one
supplementary question without notice of the member to whom the first
question was addressed. The supplementary question must arise directly out
of the original question or the reply and shall be limited to a maximum of one
minute’s duration. An oral response will be limited to two minutes.
9.9
QUESTIONS BY MEMBERS OF THE PUBLIC
Any person who lives, works or owns property in the District shall be able to
ask a question at ordinary meetings of the Council using the same criteria as
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set out in Rules 9.1 and 9.7 but subject to notice of the question being
submitted to the office of the Monitoring Officer five days prior to the
meeting. Questions by members of the public will be dealt with in accordance
with the guidelines published on the Council’s website.
10.
NOTICES OF MOTION
Notice
10.1
Except for motions which can be moved without notice under Rule 11, written
notice of every motion, shall be given in writing, signed by the member giving
the notice and delivered not later than noon on the 8th clear working day (i.e.
excluding Saturdays, Sundays and Bank Holidays) before the meeting at
which it is to be considered, to the office of the Monitoring Officer by whom it
should be dated, numbered in the order in which it is received and entered into
a book which shall be open for inspection by every member of the Council.
The submission of a written notice of motion via e-mail addressed to the
Monitoring Officer will be acceptable.
Motions set out in agenda
10.2
The Head of Paid Service shall set out in the summons for every meeting of
the Council all motions of which notice has been duly given in the order in
which they have been received, unless the Member giving such notice
intimated in writing when giving it, that he proposed to move it at some later
meeting, or subsequently had withdrawn it in writing.
Scope
10.3
Every Motion shall be relevant to some matter of major significance in relation
to which the Council has powers or duties or which is of more general concern
affecting the District and shall only be submitted in circumstances when the
subject matter would not be referred to elsewhere at the meeting in a report
from the Cabinet, Overview and Scrutiny Panel, Committee or Panel etc.
10.4
Failure to Move
If a motion set out in the summons is not moved either by the member who
gave notice thereof or by some other member on his behalf it shall, unless
postponed by consent of the Council, be treated as withdrawn and shall not be
moved without fresh notice.
10.5
Reference to Cabinet, Committee or Panel
(i)
Subject to paragraph 10.5 (iii) post, if the subject matter of any motion of
which notice has been duly given is within the terms of reference of the
Cabinet, an Overview and Scrutiny Panel, a committee or panel, it shall,
upon being moved and seconded, stand referred without discussion to
the Cabinet, Overview and Scrutiny Panel, committee or panel as the
Council may determine, provided that such Cabinet, Overview and
Scrutiny Panel, committee or panel shall report on the matter with
recommendations to an ensuing meeting of the Council.
(ii)
This Rule shall have precedence over Rule 11.5.
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(iii)
11.
The Chairman may, if he/she considers it convenient and conducive to
the despatch of business, allow the Motion to be dealt with at the
meeting at which it is brought forward.
MOTIONS WITHOUT NOTICE
The following motions may be moved without notice:(a)
to appoint a Chairman of the meeting at which the motion is moved;
(b)
in relation to the accuracy of the minutes;
(c)
to change the order of business in the agenda;
(d)
to refer something to an appropriate body or individual;
(e)
to appoint a committee or panel or member arising from an item on the
summons for the meeting;
(f)
to receive, defer or refer back reports or adoption of recommendations of
the Cabinet, Overview and Scrutiny Panels, committees, panels or
officers and any subsequent motions and amendments arising
therefrom;
(g)
to withdraw a motion;
(h)
to amend a motion; (the text of the proposed amendment to be
forwarded to the Head of Paid Service, or in her absence, the Monitoring
Officer prior to the commencement of the meeting of the Council and a
copy circulated to the meeting to ease understanding of the proposed
text);
(i)
to proceed to the next business;
(j)
that the question be now put;
(k)
to adjourn a debate;
(l)
to adjourn a meeting;
(m)
to suspend a particular Council procedure rule;
(n)
to exclude the public and press in accordance with the Access to
Information Rules;
(o)
to not hear further a member named under Rule 20.3 or to exclude them
from the meeting under Rule 20.4;
(p)
to give the consent of the Council where its consent is required by this
Constitution;
(q)
to invite a member to remain;
(r)
to record a vote in accordance with Rule 14.4 or 14.5;
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(s)
in connection with voting on appointments in accordance with Rule 14.6;
and
(t)
to extend the time limit for speeches.
11.
RULES OF DEBATE
11.1
Standing to Speak
When a member speaks at full Council they must stand and address the
meeting through the Chairman. If more than one member stands, the
Chairman will ask one to speak and the other must sit. Other members must
remain seated whilst another member is speaking unless they wish to make a
point of order or a point of personal explanation.
11.2
Chairman Standing
When the Chairman stands during a debate any members speaking at the
time must stop and sit down. The meeting must be silent.
11.3
Right to Require Motion in Writing
Unless notice of the motion has already been given, the Chairman may
require it to be written down and handed to him/her before it is discussed.
11.4
Seconder's Speech
When seconding a motion or amendment, a member may reserve their
speech until later in the debate.
11.5
Content and Length of Speeches
Speeches must be directed to the question under discussion or to a personal
explanation or point of order. No speech may exceed 5 minutes in length
without the consent of the Chairman given by reason of the exceptional
importance of the subject it shall be within the discretion of the Chairman to
permit up to a further 5 minutes. This rule shall not apply to the member of the
Cabinet with executive responsibility in presenting the annual budget
statement and statutory and non-statutory plans to the Council.
11.6
When a Member May Speak Again
A member who has spoken on a motion may not speak again whilst it is the
subject of debate, except:(a)
to speak once on an amendment moved by another member;
(b)
to move a further amendment if the motion has been amended since
he/she last spoke;
(c)
if his/her first speech was on an amendment moved by another member,
to speak on the main issue (whether or not the amendment on which
he/she spoke was carried);
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11.7
(d)
in exercise of a right of reply;
(e)
on a point of order; and
(f)
by way of personal explanation.
Amendments to Motions
(a)
An amendment to a motion must be relevant to a motion and will either
be:(i)
to refer a subject of debate to the Cabinet, Overview and
Scrutiny Panel, committee or panel for consideration or
reconsideration;
(ii)
to leave out words;
(iii)
to leave out words and insert or add others; or
(iv)
to insert or add words.
as long as such omission, insertion or addition of words does not have
the effect of negating the motion before the Council.
11.8
(b)
Only one amendment may be moved and discussed at any one time.
No further amendment may be moved until the amendment under
discussion has been disposed of.
(c)
If an amendment is not carried, other amendments to the original motion
may be moved.
(d)
If an amendment is carried, the motion as amended takes the place of
the original motion. This becomes the substantive motion to which any
further amendments are moved.
(e)
If an amendment has been carried, the Chairman will read out the
amended motion before accepting any further amendments, or if there is
none, put it to the vote except in the case of such an amendment as is
referred to in 11.7(a)(i) when no further amendment may be moved.
Alteration of Motion
(a)
A member may alter a motion of which he/she has given notice with the
consent of the meeting. The meeting's consent will be signified without
discussion.
(b)
A member may alter a motion which he/she has moved without notice
with the consent of both the meeting and the seconder. The meeting's
consent will be signified without discussion.
(c)
Only alterations which could be made as an amendment may be made.
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11.9
Withdrawal of Motion
A member may withdraw a motion which he/she has moved with the consent
of both the meeting and the seconder. The meeting's consent will be signified
without discussion. No member may speak on the motion after the mover has
asked permission to withdraw it unless permission is refused.
11.10
11.11
Right of Reply
(a)
The mover of a motion has a right to reply at the end of the debate on
the motion, immediately before it is put to the vote.
(b)
If an amendment is moved, the mover of the original motion has the right
of reply at the close of the debate on the amendment, but may not
otherwise speak on it.
(c)
The mover of the amendment has no right of reply to the debate on his
or her amendment.
(d)
A member exercising a right of reply shall not introduce new matters.
Motions which may be moved during debate
When a motion is under debate, no other motion may be moved except the
following procedural motions:-
11.12
(a)
to withdraw a motion;
(b)
to amend a motion;
(c)
to proceed to the next business;
(d)
that the question be now put;
(e)
to adjourn a debate;
(f)
to adjourn a meeting;
(g)
to exclude the public and press in accordance with the Access to
Information Rules; and
(h)
to not hear further a member named under Rule 20.3 or to exclude them
from the meeting under Rule 20.4.
Closure Motions
(a)
A member may move, without comment, the following motions at the
end of a speech of another member:(i)
(ii)
(iii)
(iv)
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to proceed to the next business;
that the question be now put;
to adjourn a debate; or
to adjourn a meeting.
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11.13
(b)
If a motion to proceed to next business is seconded and the Chairman
thinks the item has been sufficiently discussed, he or she will give the
mover of the original motion a right of reply and then put the procedural
motion to the vote.
(c)
If a motion that the question be now put is seconded and the Chairman
thinks the item has been sufficiently discussed, the Chairman will put the
procedural motion to the vote. If it is passed the Chairman will give the
mover of the original motion the right of reply before putting his/her
motion to the vote.
(d)
If a motion to adjourn the debate or to adjourn the meeting is seconded
and the Chairman thinks the item has not been sufficiently discussed
and cannot reasonably be so discussed on that occasion he/ she will put
the procedural motion to the vote without giving the mover of the original
motion the right of reply.
(e)
If a motion to adjourn the meeting is seconded and the Chairman thinks
that the remaining business before the meeting cannot be sufficiently
discussed on that occasion he shall put the adjournment motion to the
vote without giving the mover to any motion under discussion his/her
right of reply. If the motion for the adjournment is carried, the remaining
business shall stand adjourned to a time fixed by the Chairman at the
time the meeting is adjourned, or otherwise, to the next ordinary meeting
of the Council.
Point of Order
A member may raise a point of order at any time. The Chairman will hear
them immediately. A point of order may only relate to an alleged breach of
these Council Rules of Procedure or the law. The member must indicate the
rule or law and the way in which he/she considers it has been broken. The
ruling of the Chairman on the matter will be final.
11.14
Personal Explanation
A member may make a personal explanation at any time. A personal
explanation may only relate to some material part of an earlier speech by a
member which may appear to have been misunderstood in the present
debate. The ruling of the Chairman on the admissibility of a personal
explanation will be final.
12.
ANNUAL STATE OF THE DISTRICT ADDRESS
12.1
Procedure
The Chairman will invite the Executive Leader to address the Council at its
summer meeting on the State of the District.
12.2
Response
The Chairman will invite the Leader(s) of the Opposition to respond to the
address.
12.3
Discussion
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The ensuing discussion in which a Member may speak once and to which only
paragraphs 11.5, 11.13 and 11.14 of the Rules of Debate will apply will be
chaired by the Chairman.
13.
PREVIOUS DECISIONS AND MOTIONS
13.1
Motion to Rescind a Previous Decision
A motion or amendment to rescind a decision made at a meeting of the
Council within the previous six months cannot be moved unless a notice of
motion is signed by at least 7 members of the Council.
13.2
Motion Similar to One Previously Rejected
A motion or amendment in similar terms to one that has been rejected at a
meeting of Council in the previous 6 months cannot be moved within a further
period of 6 months.
14.
VOTING
14.1
Majority
All matters will be decided by a simple majority of those Members voting and
present in the room at the time the question was put.
14.2
Chairman's Casting Vote
If there are equal numbers of votes for and against, the Chairman will have a
second or casting vote. There will be no restriction on how the Chairman
chooses to exercise a casting vote.
14.3
Show of Hands
Unless a recorded vote is demanded by legislation or under Rule 14.4/14.5
the Chairman will take the vote by a show of hands, or if there is no dissent by
the affirmation of the meeting.
14.4
Recorded Vote
If at least one third of members present demand it and before a vote is taken,
the names for and against the motion or amendment or abstaining from voting
will be taken down and entered into the minutes.
14.5
Recorded Vote at Council Budget Decision Meetings
At the Budget meeting(s) each year, voting on any motion or amendment
relating to the Budget or setting of the Council Tax will be recorded to show
whether each member present voted for or against the motion or amendment
or abstained from voting, and entered into the minutes.
14.6
Right to Require Individual Vote to be Recorded
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Where any Member requests it immediately after the vote is taken, their vote
will be so recorded in the minutes to show whether they voted for or against
the motion or abstained from voting.
14.7
Voting on Appointments
If there are more than two people nominated for any position to be filled and
there is not a clear majority of votes in favour of one person, then the name of
the person with the least number of votes will be taken off the list and a new
vote taken. The process will continue until there is a majority of votes for one
person.
15
PETITIONS
15.1
Definition
For the purposes of these procedural Standing Orders a petition shall be
defined as a document embodying a formal written request for some form of
action or the consideration of some matter by the Council. The submission of
a petition is seen by many as lending weight to a particular viewpoint and
demonstrating that the view is shared by others. Both written and electronic
petitions will qualify under this scheme. Petitions made under any specific
enactment such as that calling for a referendum on the form of executive of
the Council, will not be dealt with under this procedure.
15.2
Scope
Every petition shall be relevant to some matter of major significance in relation
to which the Council has powers or duties or which is of more general concern
affecting the District, its Council Tax or NNDR payers or concerns a matter on
the agenda for the Council meeting to which the petition is to be submitted.
15.3
Eligibility
The District Council will not accept petitions which are vexatious, abusive or
otherwise inappropriate or which relate to a specific or identifiable person or
otherwise are considered to be an abuse of its powers, responsibilities or
obligations.
Petitions shall not be admissible where petitioners are
representing personal or prejudicial issues, matters associated with political
parties or organisations, where the matter involves a right of appeal to the
courts, a tribunal or to a Government Minister or which in the opinion of the
Monitoring Officer is of a quasi-judicial nature. The interpretation of the above
criteria by the Monitoring Officer is final. Additionally, the following matters will
be excluded from the scheme:(a) any matter relating to a planning decision;
(b) any matter relating to a licensing decision; or
(c) any other matter relating to an individual or entity in respect of which that
individual or entity has a right of recourse to a review or right of appeal
conferred by or under any enactment.
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Petitions may be co-ordinated by individuals or by local organisations. If
considered to be eligible, a petition will be referred to the first appropriate
meeting after its submission.
15.4
Form
The petition shall clearly state the purpose for which it is submitted and shall
be addressed to the District Council.
A written petition shall contain the name, address and signature of each
person who signed it. The name and address shall be in legible format. An
on-line petition shall contain the name and address of each person who is
party to it and shall remain open for signature on the Council’s website for a
period of 90 days. A petition shall indicate which one of the signatories is to
present the petition. If the petition organiser, or his/her nominee, indicates that
they are unable to present the petition at the relevant meeting, the petition will
still be considered. The petition shall be sent to the office of the Monitoring
Officer who will place it upon the agenda for the next Council meeting
provided that the requirements are satisfied.
A maximum of three petitions will be presented at any meeting.
A petition shall not be presented to a meeting of the Council unless it is
delivered to the office of the Monitoring Officer no later than noon on the tenth
clear working day before the meeting at which it is to be considered. The
petition shall be acknowledged in writing by or on behalf of the Monitoring
Officer within ten clear working days of receipt of the petition. On line petitions
will automatically be submitted to the Council for acknowledgement once the
petition has been closed for signature.
No petition may be considered by the Council which effectively duplicates a
previous petition submitted to the Council in the preceding six months.
15.5
Procedure
Any resident who lives, works or studies (including those under 18) or who
owns or occupies commercial premises in the District may present a petition to
a meeting of the Council provided that it bears at least 50 signatures of people
who either live or whose place of work or study is located in the District and
satisfies the conditions of paragraphs 10A.3 and 10A.4 above.
Petitions which are considered at a meeting of the Council shall be presented
at the conclusion of the receipt of any announcements by the Chairman. A
summary of the wording of the petition shall be incorporated on the Agenda for
the meeting. If the petition relates to an item on the Agenda for a Full Council
meeting, the presentation will be made at the beginning of that item.
On being called by the Chairman, the person(s) presenting the petition may
speak for a total of no more than five minutes in support of the petition.
District Councillors may question the person(s) presenting the petition for a
period of up to five minutes thereafter. The period for questions may be
extended at the discretion of the Chairman.
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Other than to respond to questions asked by District Councillors, petitioners
shall not participate in debate nor discussion of the item to which their petition
relates.
Petitions shall be presented to Council in the order in which they have been
received.
15.6
Petitions which are not the responsibility of the Council
Petitions concerning a matter that the Council does not have direct control
over, which relates to the functions of another local authority or concerning a
matter delivered in partnership with any of the Council’s partner organisations
will be submitted to the Monitoring Officer who shall determine what steps the
Council should take. The Monitoring Officer’s decision on the matter is final.
The Petition Organiser will be notified of any actions that have been taken.
16.
MINUTES
16.1
Signing the Minutes
The Chairman will sign the minutes of the proceedings at the next meeting.
The Chairman will move that the minutes of the previous meeting be signed as
a correct record. The only part of the minutes that can be discussed is their
accuracy.
16.2
No Requirement to Sign Minutes of Previous Meeting at Extraordinary
Meeting
Where in relation to any meeting, the next meeting for the purpose of signing
the minutes is a meeting called under paragraph 3 of Schedule 12 to the Local
Government Act 1972 (an extraordinary meeting), then the next following
meeting (being a meeting called otherwise than under that paragraph) will be
treated as a suitable meeting for the purpose of paragraphs 41 (1) and (2) of
Schedule 12 relating to the signing of minutes.
16.3
Form of Minutes
Minutes will contain all motions and amendments in the exact form and order
the Chairman put them.
17.
RECORD OF ATTENDANCE
All members present during the whole part of the meeting must sign their
names on the attendance sheet before the conclusion of every meeting to
assist with the record of attendance.
18.
EXCLUSION OF THE PUBLIC
Members of the public and press may only be excluded either in accordance
with the Access to Information Rules in Part 4 of this Constitution or Rule 19
(Disturbance by the Public).
19.
PHOTOGRAPHY, BROADCASTING AND RECORDING OF MEETINGS
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The Council supports the principles of openness and transparency in its
decision making and permits filming, recording and the taking of photographs
at its meetings that are open to the public. It also welcomes the use of social
networking and microblogging websites (such as Twitter and Facebook) to
communicate with people about what is happening at meetings. These
arrangements will operate in accordance with ‘Filming, Photography and
Recording at Council Meetings’ guidelines published on the Council's website.
20.
DISORDERLY CONDUCT
20.1
General Disturbance
If there is a general disturbance making orderly business impossible, the
Chairman may adjourn the meeting for as long as he/she thinks necessary.
20.2
A member shall comply with the adopted Members' Code of Conduct
reproduced in Part 5 of the Constitution. Further to the Code of Conduct, a
Member must withdraw from a meeting room during the consideration of any
item of business in which he/she has a disclosable pecuniary interest.
20.3.
Member not to be heard further
If a member persistently disregards the ruling of the Chairman by behaving
improperly or offensively or deliberately obstructs business, the Chairman may
move that the member be not heard further. If seconded, the motion will be
voted on without discussion.
20.4
Member to leave the Meeting
If the member continues to behave improperly after such a motion is carried,
the Chairman may move that either the member leaves the meeting or that the
meeting is adjourned for a specified period. If seconded, the motion will be
voted on without discussion.
21.
DISTURBANCE BY THE PUBLIC
If there is a general disturbance making orderly business impossible, the
Chairman may adjourn the meeting for as long as he/she thinks necessary
21.1
Removal of Member of the Public
If a member of the public interrupts proceedings, the Chairman will warn the
person concerned. If they continue to interrupt, the Chairman will order their
removal from the meeting room.
21.2
Clearance of Part of Meeting Room
If there is a general disturbance in any part of the meeting room open to the
public, the Chairman may call for that part to be cleared.
22.
SUSPENSION AND AMENDMENT OF COUNCIL PROCEDURE RULES
22.1
Suspension
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All of these Council Rules of Procedure except Rule 14.5 and 15.2 may be
suspended by motion on notice or without notice if at least two thirds of the
whole number of Members of the Council are present. Suspension can only
be for the duration of the meeting.
22.2
Amendment
Any motion to add to, vary or revoke these Council Rules of Procedure will,
when proposed and seconded, stand adjourned without discussion to the next
ordinary meeting of the Council.
23.
24.
APPOINTMENT OF SUB-COMMITTEES, SUB-GROUPS AND ADVISORY
GROUPS
(a)
The Council, Cabinet and any committee or panel may appoint such
sub-committees or sub-groups as they may consider necessary from
time to time and shall specify the purpose and terms of reference of
such sub-committee or sub-group;
(b)
The Council, Cabinet and any committee or panel may appoint such
advisory groups as they may consider necessary from time to time and
shall specify the purpose, duration and terms of reference of such
advisory group, except that such advisory group shall be of a
deliberative nature only and shall report back with or without
recommendations to the body that appointed them;
(c)
The appointment of members to any sub-committee, sub-group or
advisory group, shall be in accordance with legislative or regulatory
requirements for the representation of political groups and shall have
regard in particular to (b) above.
DEVELOPMENT MANAGEMENT APPLICATIONS
(a)
Public Speaking at Council
In those circumstances where a planning application is to be determined
by full Council, the Council’s Head of Development or Planning Service
Manager (Development Management) or his representative and other
relevant Officers shall be permitted to present reports to the Council and
the public speaking process adopted by the Development Management
Committee be applied;
(b)
Consideration of Departures from the Development Plan
Planning applications for the following types of development should be
referred to the Secretary of State if the Development Management
Committee is minded to approve them under the Town and Country
Planning (Consultation) (England) Direction 2009 unless the application in
question is considered by the Head of Development and Monitoring Officer
to be so 'significant' that it should remain the decision of the Council to refer
the application to the Secretary of State. The Development Plan shall, on
the recommendation of the Development Management Committee, be
considered by the Council having regard to advice received from the Head
of Development and Corporate Director (Delivery) and guidelines on the
Council’s website).
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COMMITTEE PROCEDURE RULES
1.
SCOPE
1.1
These rules apply to the meetings of Overview and Scrutiny Panels, the
Planning Committee, the Licensing Committee and any Sub-Committees that
are appointed by them and all other Committees appointed by the Council. The
Licensing Committee has resolved to adopt the Rules that apply to the
proceedings of Committee Panels of the Council but separate proceedings will
apply to the hearings of its Sub-Committees.
2.
MEETINGS OF COMMITTEES
2.1
The meetings of Committees shall be held on the dates set out in the annual
programme of meetings approved.
2.2
If the Chairman of the Committee considers that the day fixed for a Committee
meeting is no longer suitable for that purpose or if there is insufficient business
to justify the holding of the meeting, they shall, after consultation with the
Leaders of Political Groups and the Managing Director cancel the holding of
that meeting and, if appropriate, fix an alternative day for the holding of that
meeting.
2.3
The Chairman of a Committee may call an extra-ordinary meeting of their
Committee at any time.
2.4
If the Chairman does not call an extra-ordinary meeting of the Committee after a
requisition for that purpose, signed by at least three Members of the Committee,
has been [resented to them then the three Members of the Committee may
forthwith require the Managing Director to summon than extra-ordinary meeting
to discuss the matters referred to in the requisition to the Chairman.
2.5
Unless otherwise specified by a Committee or by a Chairman of the Committee
the time and place of the meeting will be determined by the Head of Paid
Service and notified in the summons. Meetings shall normally commence at
7:00pm.
3.
THE CHAIR AND VICE CHAIR OF COMMITTEES
3.1
The Chairman of a Committee shall preside over meetings of that Committee.
3.2
Any powers and duties assigned to the Chairman of a Committee under these
Committee Procedure Rules shall, in the absence of the Chairman, be
undertaken by the Vice Chairman.
3.3
Where both the Chairman and Vice Chairman are absent from a meeting the
Committee shall as the first item of business at that meeting appoint another
Member of the Committee to act as a Chairman for that meeting and that
Person shall, for the duration of that meeting, be entitled to exercise all the
powers and duties of the Chairman under these Committee Procedure Rules in
relation to that meeting.
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3.4
The Executive Leader, Deputy Executive Leader and any member of the
Cabinet shall not be elected as Chairman of any committee or panel other than
any that may be appointed by the Cabinet.
3.5
Membership – Every member of the Council shall be appointed to serve on a
minimum of one Overview and Scrutiny Panel, committee or panel of the
Council or of the Cabinet.
4.
QUORUM
4.1
The quorum of a meeting will be one quarter of the whole number of members.
During any meeting if the Chairman counts the number of Members present and
declares that there is not a quorum present, then the meeting will adjourn
immediately. Remaining business will be considered at the time and date fixed
by the Chairman. If he/she does not fix a date, the remaining business will be
considered at the next ordinary meeting of the Council. In no case should the
quorum of Sub Committees and Sub Groups be less than three Members.
5.
SUMMONS AND AGENDA FOR MEETINGS OF COMMITTEES
5.1
The Head of Paid Service will give notice to the public of the time and place of
any meeting in accordance with the Access to Information Rules. At least five
clear days before a meeting, the Head of Paid Service will send a summons
signed by him or her by post to every member of the Council or leave it at their
usual residence. The summons will give the date, time and place of each
meeting and specify the business to be transacted and will be accompanied by
such reports as are available.
5.2
No business other than that specified in the summons and the agenda shall be
transacted at the meeting of the Committee except urgent items.
5.3
Items on Committee Agenda
Any member wishing to have an item placed on an agenda for a meeting of the
Cabinet, committee or panel (other than by way of a Notice of Motion in
accordance with Rule 10) shall contact the Head of Paid Service, or in her
absence the Monitoring Officer requesting that an item be placed on the next
available agenda for that body and the decision of the Head of Paid Service, or
in her absence, the Monitoring Officer shall be final as to whether that item falls
within the terms of reference of the Cabinet, committee or panel and whether
the item should be included on the agenda for a meeting of that body.
6.
MINUTES
6.1
Signing the Minutes
The Chairman will sign the minutes of the proceedings at the next meeting. The
Chairman will move that the minutes of the previous meeting be signed as a
correct record. The only part of the Minutes that can be discussed is their
accuracy.
6.2
No requirement to Sign Minutes of Previous Meeting at Extraordinary
Meeting.
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Where in relation to any meeting, the next meeting for the purpose of signing
the Minutes is a meeting called under paragraph 3 of Schedule 12 to the Local
Government Act 1972 (an extraordinary meeting), then the next following
meeting (being called otherwise than under that paragraph) will be treated as a
suitable meeting for the purpose of paragraphs 41 (1) and (2) of Schedule 12
relating to the signing of Minutes.
6.3
Form of Minutes
Minutes will contain all motions and amendments in the exact form and order
the Chairman put them in.
7.
VOTING
7.1
Any question at any meeting of any Committee shall be determined by a show
of hands by a majority of the Councillors and co-opted Members (where they
are entitled to vote) present and voting.
7.2
Where immediately after a vote is taken any councillor requires, there shall be
recorded in the minutes whether that person cast their vote for the question or
against the question or whether they abstained from voting.
7.3
If there are equal numbers of votes for and against, the Chairman will have a
second or casting vote. There will be no restriction on how the chairman
chooses to exercise a casting vote.
8.
ATTENDANCE BY MEMBERS OF THE COUNCIL AT MEETINGS OF WHICH
THEY ARE NOT MEMBERS
8.1
A Member of the Council shall be permitted to attend a meeting of the Cabinet,
Overview and scrutiny Panels, committees, panels, sub-committees and subgroups of the Council of which he/she is not a member but he/she shall not be
entitled to take part in any discussion or vote on any matter under
consideration. A Member of the Council may, however, address a meeting of
the Cabinet, Overview and Scrutiny Panel, committee, panel sub-committee or
sub-group of which he/she is not a member on a specified item or items of
business where written notice has been given to and prior permission obtained
from the Chairman of the cabinet, Overview and Scrutiny Panel, committee,
panel, sub-committee or sub-group.
8.2
MOVER OF MOTION MAY ATTEND MEETING
A member of Council who has moved a motion which has been referred by the
Council to the cabinet, Overview and Scrutiny Panel, committee or panel shall
receive notice of the meeting of the Cabinet, Overview and Scrutiny Panel,
committee or panel at which it is proposed to consider the motion. He/she shall
have the right to attend the meeting and if he/she attends shall have an
opportunity of speaking to the motion and exercising the right of reply under
Rule 12.9.
9.
DEVELOPMENT MANAGEMENT APPLICATIONS
Public Speaking at Development Management Panel
Where a planning application falls to be determined by the Development
Management Panel and where appropriate notice has been given, an elected
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Member of the relevant town and parish council/meeting, the District Ward
Member, the objector(s), the applicant(s) or their representatives shall be
permitted to address the Panel on the application under the direction of the
Chairman having regard to the guidelines published on the Council’s website.
10.
10.1
PUBLIC REPRESENTATIONS – LICENSING COMMITTEE
The provisions of the Committee Procedure Rule shall only apply to
consideration by the Licensing Committee of any matters relating to the grant,
refusal, variation or revocation of any licence, permit or approval falling within its
terms of reference including the terms and conditions attached to the same.
The applicant (or any representative on their behalf) shall be given an
opportunity to make representations to the committee and call any witnesses.
The following persons shall also be permitted to make representations to the
Committee:i. members of the public
ii. Councillors who are not members of the Committee or acting as
substitutes
iii. Representatives of the Police or fire Authority
iv. Council Officers
All persons who make representations to the Committee may be asked
questions by members of the Committee or by other persons making
representations.
After everyone else has made representations and answered questions, the
applicant shall be permitted to make a final statement to the committee, after
which everyone shall withdraw except the members of the Committee and the
representatives of the Monitoring Officer while the Committee considers its
decision. The decision will be announced to the applicant and the other
persons who have made representations and confirmed in writing by the
Proper Officer to the applicant.
The Monitoring Officer shall be authorised to produce detailed Procedure
Notes for the different types of applications considered by the Licensing
Committee incorporating principles set out in this Committee Procedure rule.
11.
RULES OF DEBATE
The rules of debate in this Committee Procedure Rule shall apply to all the
meetings of Committees and the references in the Committee Procedure Rule
to “Member” shall also include co-opted Members.
12.
RULES OF DEBATE FOR COMMITTEE MEETINGS
12.1
Speaking at Committee Meetings
A Member wishing to speak will raise their hand. If two or more Members
indicate that they wish to speak, the Chairman will call them in turn to speak.
12.2
Content of Speeches
A member shall speak on the question under discussion or a personal
explanation or to a point of order.
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12.3
Motions and Amendments
A motion or amendment shall not be discussed unless it has been proposed
and seconded, and unless notice has already been given in accordance with
Committee Procedure rules it shall, if required by the Chairman be put into
writing and handed to the Chairman before it is further discussed or put to a
meeting.
12.4
Seconder’s Speech
A Member when seconding a motion or amendment may reserve their speech
until a later period of the debate.
12.5
Amendments to Motions
Every amendment shall be relevant to the motion on which it is moved and
shall be:i. To leave out words; or
ii. To leave out words and insert and add others; or
iii. To insert or add words;
but such omission, insertion or addition of words shall not have the effect of
negating the motion before the Committee.
12.6
Two or More Amendments
Only one amendment may be moved and discussed at a time and no further
amendments shall be moved until the amendment under discussion has been
disposed of.
12.7
Position if an Amendment is Lost or carried
If an amendment is lost, other amendments may be moved on the original
motion. If an amendment is carried, the motion as amended shall take the
place of the original motion and shall become the motion upon which any
further amendment may be moved.
12.8
Withdrawal of the Motion
A motion or an amendment may be withdrawn by the mover with the consent
of their seconder and no member may speak upon it after it has been
withdrawn.
12.9
Alteration of Motion
A Member may, with the consent of both the meeting and their seconder, alter
a motion or amendment which they proposed or of which notice had been
given. Only alterations which could have been moved as an amendment may
be made.
12.10
Motions Which May be Moved During Debate
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When a motion is under debate, no other motion shall be moved except the
following procedural motions:i.
ii.
iii.
iv.
v.
vi.
vii.
to withdraw a motion
to amend a motion
to proceed to the next business
that the question be now put
to adjourn a debate
to adjourn a meeting
to exclude the public and press in accordance with the Access to
Information rules; and
viii. to not hear further a Member named under rule 18.3 or to exclude them
from the meeting under Rule 18.4
12.11
Closure Motions
(a)
A member may move, without comment, the following motions at the
end of a speech of another member:i. to proceed to the next business;
ii. that the question be now put;
iii. to adjourn a debate; or
iv. to adjourn a meeting.
(b)
If a motion to proceed to next business is seconded and the Chairman
thinks the item has been sufficiently discussed, he or she will give the
mover of the original motion a right of reply and then put the procedural
motion to the vote.
If a motion that the question be now put is seconded and the Chairman
thinks the item has been sufficiently discussed, the Chairman will put the
procedural motion to the vote. If it is passed the Chairman will give the
mover of the original motion the right of reply before putting his/her
motion to the vote.
If a motion to adjourn the debate or to adjourn the meeting is seconded
and the Chairman thinks the item has not been sufficiently discussed
and cannot reasonably be so discussed on that occasion he/ she will put
the procedural motion to the vote without giving the mover of the original
motion the right of reply.
If a motion to adjourn the meeting is seconded and the Chairman thinks
that the remaining business before the meeting cannot be sufficiently
discussed on that occasion he shall put the adjournment motion to the
vote without giving the mover to any motion under discussion his/her
right of reply. If the motion for the adjournment is carried, the remaining
business shall stand adjourned to a time fixed by the Chairman at the
time the meeting is adjourned, or otherwise, to the next ordinary meeting
of the Council.
(c)
(d)
(e)
12.12
Resumption after Adjournment
On resumption of an adjourned debate the Member who moved the
adjournment is entitled to speak first.
12.13
Point of Order
A member may raise a point of order at any time. The Chairman will hear
them immediately. A point of order may only relate to an alleged breach of
these Council Rules of Procedure or the law. The member must indicate the
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rule or law and the way in which he/she considers it has been broken. The
ruling of the Chairman on the matter will be final.
12.14
Personal Explanation
A member may make a personal explanation at any time. A personal
explanation may only relate to some material part of an earlier speech by a
member which may appear to have been misunderstood in the present
debate. The ruling of the Chairman on the admissibility of a personal
explanation will be final.
12.15
Irrelevance, repetition and limitation on speakers
In speaking to any motion or amendment Members are to confine their
remarks strictly to such motion or amendment and shall not introduce
irrelevant matters or indulge in needless repetition. The Chairman’s ruling on
this is final.
If three speakers have spoken consecutively in support of, or in opposition to a
motion, the Chairman may call for a speaker to the contrary. If no such
speaker is forthcoming and after the mover has had a right of reply, the motion
must be put. Members speaking must, if called upon to do so by the chairman,
announce whether they are speaking in support of, or against the motion of
amendment being debated.
12.16
Officers of the Council
Officer of the Council may speak during a debate at the Committee meetings.
12.17
Oral Reports
With the consent of the Chairman, Officers may make an oral report on a
matter of importance and urgency.
13
DISORDERLY CONDUCT
13.1
General Disturbance
If there is a general disturbance making orderly business impossible, the
Chairman may adjourn the meeting for as long as he/she thinks necessary.
A member shall comply with the adopted Members' Code of Conduct
reproduced in Part 5 of the Constitution. Further to the Code of Conduct, a
Member must withdraw from a meeting room during the consideration of any
item of business in which he/she has a disclosable pecuniary interest.
13.2
Member not to be heard further
If a member persistently disregards the ruling of the Chairman by behaving
improperly or offensively or deliberately obstructs business, the Chairman may
move that the member be not heard further. If seconded, the motion will be
voted on without discussion.
13.3
Member to leave the Meeting
If the member continues to behave improperly after such a motion is carried,
the Chairman may move that either the member leaves the meeting or that the
meeting is adjourned for a specified period. If seconded, the motion will be
voted on without discussion.
13.4
DISTURBANCE BY MEMBERS OF THE PUBLIC
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If a member of the public interrupts the proceedings at any meeting the
chairman shall warn them. If they continue the interruption the Chairman shall
order their removal from the room in which the meeting is being held. In case
of general disturbance in any part of the room in which the meeting is being
held open to the public the Chairman shall order that part to be cleared.
13.5
RESCISSON OF RESOLUTIONS
No resolution taken at a previous meeting of Committee shall be rescinded or
varied within six months unless notice has been given on the agenda for the
meeting of the intention of the body to reconsider the matter.
13.6
RECORD OF ATTENDANCES
Every member of the Council and co-opted Member attending a meeting of a
Committee shall sign their name in the attendance book or sheet.
13.7
CASUAL VACANCIES
A casual vacancy on an Overview and Scrutiny Panel, committee or panel
occasioned by the resignation of a member from that body may be filled by a
resolution of the Council. The Executive Leader may vary the membership of
Cabinet at any time and may fill any vacancy that arises.
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ACCESS TO INFORMATION PROCEDURE RULES
1.
SCOPE
These Rules apply to all meetings of the Council, the Cabinet, panels and
committees, sub-committees and sub-groups. The Licensing Committee has
resolved to adopt the Rules for the purpose of its meetings but separate
proceedings will apply to the hearings of its sub-committees.
2.
ADDITIONAL RIGHTS TO INFORMATION
These Rules do not affect any more specific rights to information contained
elsewhere in this Constitution or the law.
3.
RIGHTS TO ATTEND MEETINGS
Members of the public may attend, record and report all meetings subject only
to the exceptions in these Rules.
4.
NOTICES OF MEETING
The Council will give at least five clear days' notice of any meeting by posting
details of the meeting at the Council's offices at Pathfinder House, Huntingdon
5.
ACCESS TO AGENDA AND REPORTS BEFORE THE MEETING
The Council will make copies of the agenda and reports open to the public
available for inspection at the designated office at least five clear days before
the meeting. If an item is added to the agenda later in cases of urgency, the
revised agenda will be open to inspection from the time the item was added
to the agenda. Where reports are prepared after the agenda has been sent
out, the Elections and Democratic Services Manager shall make each such
report available to the public as soon as the report is completed and sent to
Councillors.
6.
SUPPLY OF COPIES
The Council will supply copies of:(a)
any agenda and reports which are open to public inspection;
(b)
any further statements or particulars necessary to indicate the nature of
the items in the agenda; and
(c)
if the Monitoring Officer thinks fit, copies of any other documents
supplied to Councillors in connection with an item
to any person on payment of a reasonable charge for postage and any other
costs.
7.
ACCESS TO MINUTES ETC AFTER THE MEETING
The Council will make available copies of the following for six years after a
meeting:-
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(a)
the minutes of the meeting or records of decisions taken, together with
reasons, excluding any part of the minutes of proceedings when the
meeting was not open to the public or which disclose exempt or
confidential information;
(b)
a summary of any proceedings not open to the public where the minutes
open to inspection would not provide a reasonably fair and coherent
record;
(c)
the agenda for the meeting; and
(d)
reports relating to items when the meeting was open to the public.
8.
BACKGROUND PAPERS
8.1
List of background papers
Every report shall list those documents (background papers) relating to the
subject matter of the report, except published works or exempt or confidential
information (as defined in Rule 10), which:-
8.2
(a)
disclose any facts or matters on which the report or an important part of
the report is based; and
(b)
which have been relied on to a material extent in preparing the report.
Public inspection of background papers
The Council will make available for public inspection for four years after the
date of the meeting one copy of each of the documents on the list of
background papers.
9.
SUMMARY OF PUBLIC'S RIGHTS
A written summary of the public’s rights to attend meetings and to inspect and
copy documents shall be kept at and available to the public at the Council's
offices at Pathfinder House, Huntingdon and on the Council’s website.
10.
EXCLUSION OF THE PUBLIC FROM MEETINGS
10.1
Confidential information – requirement to exclude public
The public must be excluded from meetings whenever it is likely in view of the
nature of the business to be transacted or the nature of the proceedings that
confidential information would be disclosed.
Confidential information means information given to the Council by a
Government Department on terms which forbid its public disclosure or
information which cannot be publicly disclosed by Court Order.
10.2
Exempt information – discretion to exclude public
The public may be excluded from meetings whenever it is likely in view of the
nature of the business to be transacted or the nature of the proceedings that
exempt
information
would
be
disclosed.
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Where the meeting will determine any person’s civil rights or obligations, or
adversely affect their possessions, Article 6 of the Human Rights Act 1998
establishes a presumption that the meeting will be held in public unless a
private hearing is necessary for one of the reasons specified in Article 6.
10.3
Meaning of exempt information
Exempt information means information falling within the following 7 categories,
subject to the relevant condition(s) and so long, as in all the circumstances of
the case, the public interest in maintaining the exemption outweighs the
public interest in disclosing the information:-
Category
Condition
1. Information relating to any individual.
2. Information that is likely to reveal the
identity of an individual.
3. Information relating to the financial or Information
is not exempt
business affairs of any particular person information if it is required to
(including the authority holding that be registered under –
information).
(a) The Companies Act 1985
(b) The Friendly Societies Act
1974
(c) The Friendly Societies Act
1992
(d) The
Industrial
and
Provident Societies Act
1965 – 1978
(e) The Building Societies Act
1986; or
(f) The Charities Act 1993.
4. Information relating to any consultations
or
negotiations,
or
contemplated
consultations
or
negotiations,
in
connection with any labour relations
matter arising between the authority or a
Minister of the Crown and employees of,
or office holders under, the authority.
5. Information in respect of which a claim to
legal professional privilege could be
maintained in legal proceedings.
6. Information which reveals that the
authority proposes –
(a) to give under any enactment a
under or by virtue of
requirements are imposed
person; or
(b) to make an order or direction
any enactment.
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notice
which
on a
under
Page 101
7. Information relating to any action taken
or to be taken in connection with the
prevention, investigation or prosecution
of crime.
Information is not exempt information if it relates to proposed development for
which the local planning authority may grant itself planning permission
pursuant to Regulation 3 of the Town and Country Planning General
Regulations 1992.
11.
EXCLUSION OF ACCESS BY THE PUBLIC TO REPORTS
If the Head of Paid Service or his/her nominee thinks fit, the Council may
exclude access by the public to reports which in his/her opinion relate to items
during which, in accordance with Rule 10, the meeting is likely not to be open
to the public. Such reports will be endorsed "Not for publication" together with
the category of information likely to be disclosed.
12.
APPLICATION OF RULES TO THE CABINET
Rules 13 – 24 apply to the Executive Leader, Cabinet, its committees and
executive councillors. If the Executive Leader, Cabinet, its committees and
executive councillors propose to meet to take a key decision then it must also
comply with Rules 1 – 11 unless Rule 15 (general exception) or Rule 16
(special urgency) apply. A key decision is defined in paragraph 3 (b) of Article
13 of this Constitution.
If the Cabinet or its committees meet to discuss a key decision to be taken
collectively, with an officer present or the Executive Leader or an executive
councillor propose to take a key decision, within 28 days of the date according
to the Notice of Executive Decisions by which it is to be decided, then it must
also comply with Rules 1 – 11 unless Rule 15 (general exception) or Rule 16
(special urgency) apply.
13.
PROCEDURE BEFORE TAKING KEY DECISIONS
Subject to Rule 15 (general exception) and Rule 16 (special urgency), a key
decision may not be taken unless:(a)
a notice (in the form of a Notice of ‘Executive Decisions’) has been
published in connection with the matter in question;
(b)
at least 28 clear days have elapsed since the publication of the Notice;
and
(c)
where the decision is to be taken at a meeting of the Cabinet or its
committees, notice of the meeting has been given in accordance with
Rule 4 (notice of meetings).
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14.
NOTICE OF EXECUTIVE DECISION
14.1
Period of Notice
The Executive Leader will give 28 clear days’ notice of the intention to make a
key decision and notice of any intention to hold part of the Cabinet meeting in
private. Such notice to include a statement as to why any specific matter is
being dealt with in private. The Notice will be available for inspection at the
District Council’s offices and published on the District Council’s website.
14.2
Content of the Notice
The Notice will contain matters which the Executive Leader has reason to
believe will be the subject of a key decision to be taken by himself/herself, the
Cabinet, a committee of the Cabinet, individual members of the Cabinet,
officers, or under joint arrangements in the course of the discharge of an
executive function during the period covered by the Notice. It will describe the
following particulars in so far as the information is available or might
reasonably be obtained:(a)
the matter in respect of which a decision is to be made;
(b)
where the decision taker is an individual, his/her name and title, if any,
and where the decision taker is a body, its name and details of
membership;
(c)
the date on which, or the period within which, the decision will be taken;
(d)
a list of the documents submitted to the decision taker for consideration
in relation to the matter;
(e)
the address from which, subject to any prohibition or restriction on their
disclosure, copies of, or extracts from, any document listed is available;
and
(f)
the steps any person might take who wishes to make representations to
the Cabinet or decision taker about the matter in respect of which the
decision is to be made, and the date by which those steps must be
taken.
Exempt information need not be included in the Notice and confidential
information cannot be included.
15.
GENERAL EXCEPTION
If a matter which is likely to be a key decision has not been included in the
Notice, then subject to Rule 16 (special urgency), the decision may still be
taken if:(a)
At least five clear days public notice of the decision to be taken is given
at the Council’s Offices and on the website; and
(b)
the Head of Paid Service has given notice in writing to the Chairman of a
relevant Overview and Scrutiny Panel, or if there is no such person,
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each member of that Panel in writing, by notice, of the matter to which
the decision is to be made.
16.
SPECIAL URGENCY
If by virtue of the date by which a decision must be taken Rule 15 (general
exception) cannot be followed, then the decision can only be taken if the
decision taker (if an individual) or the Chairman of the body making the
decision, obtains the agreement of the Chairman of a relevant Overview and
Scrutiny Panel that the taking of the decision cannot be reasonably deferred. If
there is no Chairman of a relevant Overview and Scrutiny Panel, or if the
Chairman of each relevant Overview and Scrutiny Panel is unable to act, then
the agreement of the Chairman of the Council, or in his/her absence the
consent of the Head of Paid Service or her nominee will suffice. Decisions
taken as a matter of urgency must be reported to the next available meeting of
the relevant Overview and Scrutiny Panel, together with the reasons for
urgency. Once agreement has been obtained that the making of the decision
is urgent and cannot be reasonably deferred, Notice to this effect must be
made available at the District Council’s Offices and published on the website.
17.
REPORT TO COUNCIL
17.1
When an Overview and Scrutiny Panel can require a report
If an Overview and Scrutiny Panel thinks that a key decision has been taken
which was not:(a)
included in the Notice of Executive Decisions;
(b)
the subject of the general exception procedure; or
(c)
the subject of an agreement with a relevant Overview and Scrutiny
Panel Chairman or the Chairman of the Council or the Head of Paid
Service or her nominee under Rule 16;
(d) the Panel may require the Executive Leader to submit a report to the
Council within such reasonable time as the Panel specifies. The power to
require a report rests with the Panel, but is also delegated to the
Monitoring Officer, who shall require such a report on behalf of the Panel
when so requested by the Chairman or any three members. Alternatively,
the requirement may be raised by resolution passed at a meeting of the
relevant Overview and Scrutiny Panel.
17.2
Executive Leader Report to Council
The Executive Leader will prepare a report for submission to the next available
meeting of the Council. However, if the next meeting of the Council is within
seven working days of receipt of the written notice, or the resolution of the
Panel, then the report may be submitted to the meeting after that. The report
to the Council will set out particulars of the decision, the individual or body
making the decision, and if the Executive Leader is of the opinion that it was
not a key decision the reasons for that opinion.
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17.3
Quarterly Reports on special urgency decisions
In any event the Executive Leader will submit annually reports to the Council
on executive decisions taken in the circumstances set out in Rule 16 (special
urgency). The report will include the number of decisions so taken and a
description of the matters in respect of which those decisions were taken.
18.
RECORD OF DECISIONS
18.1
After any meeting of the Cabinet or its committees or a decision is taken by
the Executive Leader or an executive councillor, the Elections and Democratic
Services will produce a record of every decision taken as soon as practicable.
The record will include a statement of the reasons for each decision, any
alternative options considered and rejected at that meeting details of any
conflict of interest declared by any Member and, if applicable, a note of any
dispensation in respect of a conflict of interest which has been granted by the
Monitoring Officer.
18.2
After an Officer has taken a decision closely associated with the discharge of
an executive function, and where that decision is not exempt from publication,
a record of the decision shall be published on the Council's website.
19.
CABINET MEETINGS IN PUBLIC
All meetings of the Cabinet will be held in public, except where the business to
be transacted would disclose confidential or exempt information under Rule
10.
20.
DECISIONS
OFFICERS
BY INDIVIDUAL
MEMBERS
20.1
Reports intended to be taken into account
OF
THE
CABINET
AND
An individual member of the Cabinet shall not make a decision and an officer
shall not make a key decision until he/she has taken into account a written
report and he/she will not make the decision until at least five clear days after
receipt of that report.
20.2
Provision of copies of reports to Overview and Scrutiny Panels
On giving of such a report to an individual decision maker, the person who
prepared the report will give a copy of it to the Chairman of every relevant
Overview and Scrutiny Panel as soon as reasonably practicable, and make it
publicly available at the same time.
20.3
Record of individual decision
As soon as reasonably practicable after an executive decision has been taken
by an individual member of the Cabinet or a key decision has been taken by
an officer, he/she will prepare, or instruct the Elections and Democratic
Services Manager to prepare, a record of the decision, a statement of the
reasons for it and any alternative options considered and rejected. The
provisions of Rules 7 and 8 (inspection of documents after meetings) will also
apply to the making of decisions by individual members of the Cabinet. This
does not require the disclosure of exempt or confidential information.
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21.
OVERVIEW AND SCRUTINY PANELS ACCESS TO DOCUMENTS
21.1
Rights to Copies
Subject to Rule 22.2 below, an Overview and Scrutiny Panel (including its subpanels) will be entitled to copies of any document which is in the possession
or control of the Cabinet and which contains material relating to:-
21.2
(a)
any business transacted at a meeting of the Cabinet; or
(b)
any decision taken by an individual member of the Cabinet.
Limit on Rights
An Overview and Scrutiny Panel will not be entitled to:(a)
any document that is in draft form; or
(b)
any part of a document that contains exempt or confidential information,
unless that information is relevant to an action or decision they are
reviewing or scrutinising or intend to scrutinise.
22.
ADDITIONAL RIGHTS OF ACCESS FOR MEMBERS
22.1
Material relating to previous business
Any document which is in the possession or under the control of the Cabinet
and contains material relating to any business to be transacted at a meeting of
the Cabinet or relates to any key decision shall be open to inspection by any
Member of the Council unless it appears to the Monitoring Officer that it
discloses exempt information.
Notwithstanding paragraph 23.1, the document will remain open to inspection
if the information it contains falls within paragraphs 3 or 6 of Schedule 12A to
the Local Government Act 1972 (with the exception of information relating to
any terms proposed or to be proposed by or to the authority in the course of
negotiations for a contract).
22.2
Material relating to key decisions
All members of the Council will be entitled to inspect any document (except
those available only in draft form) in the possession or under the control of the
Cabinet or its committees which relates to any key decision unless paragraph
23.1 applies.
22.3
Nature of rights
These rights of a member are additional to any other right he/she may have.
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CABINET PROCEDURE RULES
1.
OPERATION OF THE CABINET
1.1
Who May Make Executive Decisions
The arrangements for the discharge of executive functions may be set out in
the executive arrangements adopted by the Council. The Executive Leader
will decide how they are to be exercised and will provide the Monitoring Officer
with a copy of the list setting out who of the following is responsible for
particular Executive Functions:
1.2
(i)
the Cabinet as a whole;
(ii)
a committee of the Cabinet;
(iii)
an individual member of the Cabinet;
(iv)
an officer;
(v)
joint arrangements; or
(vi)
another local authority.
Delegation of Executive Functions
Where the Cabinet, individual Cabinet member or a committee of the Cabinet
is responsible for an executive function, they may delegate further to an
Officer.
1.3
Cabinet Meetings - Frequency and Venue
The Cabinet will meet at least ten times per year at times to be agreed by the
Executive Leader. The Cabinet shall meet at the Council's main offices or
another location to be agreed by the Executive Leader.
1.4
Meetings of the Cabinet
The Access to Information Rules in Part 4 of this Constitution set out the
requirements covering meetings of the Cabinet.
1.5
Quorum
The quorum for a meeting of the Cabinet or a committee of it shall be one
quarter of the total number of members of the Cabinet or three whichever is
the larger.
1.6
Decision Taking by the Cabinet
(a)
Executive decisions which have been delegated to the Cabinet as a
whole will be taken at a meeting convened in accordance with the
Access to Information Rules in Part 4 of the Constitution.
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(b)
Where executive decisions are delegated to a committee of the Cabinet,
the rules applying to executive decisions taken by them shall be the
same as those applying to those taken by the Cabinet as a whole.
2.
CONDUCT OF CABINET MEETINGS
2.1
Chairman
If the Executive Leader is present, he/she will preside at meetings of the
Cabinet. In his/her absence then the Deputy Executive Leader will preside. In
the absence of both the Executive Leader and the Deputy Executive Leader,
the Cabinet will appoint a person from among those present to preside at that
meeting.
2.2
Attendance
The details are set out in the Access to Information Rules in Part 4 of this
Constitution.
2.3
Business
At each meeting of the Cabinet, the following business will be conducted:-
2.4
(i)
consideration of the minutes of the last meeting;
(ii)
declarations of interest (if any);
(iii)
any matters referred to the Cabinet (whether by an Overview and
Scrutiny Panel or by the Council) for reconsideration by the Cabinet in
accordance with the provisions contained in the Overview and Scrutiny
Procedure Rules or the Budget and Policy Framework Procedure Rules
set out in Part 4 of this Constitution;
(iv)
consideration of reports from Overview and Scrutiny Panels; and
(v)
matters set out in the agenda for the meeting and which shall indicate
which are key decisions and which are not in accordance with the
Access to Information Procedure Rules set out in Part 4 of this
Constitution.
Consultation
All reports to the Cabinet from any member of the Cabinet or an officer on
proposals relating to the budget policy framework must contain details of the
nature and extent of consultation with stakeholders and relevant Overview and
Scrutiny Panels and the outcome of that consultation. Reports about other
matters will set out the details and outcome of consultation as appropriate.
The level of consultation required will be appropriate to the nature of the
matter under consideration.
2.5
Cabinet Agenda Items
The Executive Leader may put on the agenda of any Cabinet meeting any
matter which he/she wishes, whether or not authority has been delegated to
the Cabinet, a committee of it or any member or officer in respect of that
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matter. The Head of Paid Service will comply with the Executive Leader's
requests in that respect.
Any member of the Cabinet may require the Head of Paid Service to make
sure that an item is placed on the agenda of the next available meeting of the
Cabinet for consideration. If he/she receives such a request, the Head of Paid
Service will comply.
The Head of Paid Service will make sure that an item is placed on the agenda
of the next available meeting of the Cabinet where a relevant Overview and
Scrutiny Panel or the full Council have resolved that an item be considered by
the Cabinet.
Any member of the Council may ask the Executive Leader to put an item on
the agenda of a Cabinet meeting for consideration and, if the Executive
Leader agrees, the item will be considered at the next available meeting of the
Cabinet. The notice of the meeting will give the name of the Councillor who
asked for the item to be considered. This individual will be invited to attend
the meeting and may speak of so invited by the Executive Leader.
The Monitoring Officer and/or the Chief Finance Officer may include an item
for consideration on the agenda of a Cabinet meeting and may require the
Head of Paid Service to call such a meeting in pursuance of their statutory
duties. In other circumstances, where any two of the Head of Paid Service,
Monitoring Officer and Chief Finance Officer are of the opinion that a meeting
of the Cabinet needs to be called to consider a matter that requires a decision,
they may jointly include an item on the agenda of a Cabinet meeting. If there
is no meeting of the Cabinet soon enough to deal with the issue in question
then the person(s) entitled to include an item on the agenda may also require
that a meeting be convened at which the matter will be discussed.
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BUDGET AND POLICY FRAMEWORK PROCEDURE RULES
1.
THE FRAMEWORK FOR EXECUTIVE DECISIONS
The Council will be responsible for the adoption of its budget and policy
framework as set out in Article 4. Once the budget or a policy framework is in
place, it will be the responsibility of the Cabinet to implement it.
2.
PROCESS FOR DEVELOPING FRAMEWORK
The process by which the budget and policy framework shall be developed is:(a)
The Cabinet will publicise by including in the Notice of Executive
Decisions and/or publication at the Council's offices or by other means
e.g. on its website or in the local press, a timetable for making proposals
to the Council for the adoption of any plan, strategy or budget that forms
part of the budget and policy framework and its arrangements for
consultation after publication of those initial proposals. The Chairman of
the relevant Overview and Scrutiny Panel also will be notified. In the
absence of the Chairman, the Vice-Chairman of the relevant Panel will
be notified. The consultation period shall in each instance be relevant to
the proposals to be considered and sufficient for meaningful
consultation.
(b)
At the end of that period, the Cabinet will then draw up firm proposals
having regard to the responses to that consultation. If the relevant
Overview and Scrutiny Panel wishes to respond to the Cabinet in that
consultation process then it may do so. As the Overview and Scrutiny
Panels have responsibility for fixing their own work programme, it is
open to an Overview and Scrutiny Panel to investigate, research or
report in detail with policy recommendations before the end of the
consultation period. The Cabinet will take any response from an
Overview and Scrutiny Panel into account in drawing up firm proposals
for the submission to the Council, and its report to Council will reflect the
comments made by consultees and the Cabinet's response.
(c)
Once the Cabinet has approved firm proposals, the Chief Finance
Officer will refer them at the earliest opportunity to the Council for
decision.
(d)
In reaching a decision, the Council may adopt the Cabinet's proposals,
amend them, refer them back to the Cabinet for further consideration, or
in principle, substitute its own proposals in their place.
(e)
If it accepts the recommendation of the Cabinet without amendment, the
Council may make a decision which has immediate effect. Otherwise it
may only make an in-principle decision. In either case, the decision will
be made on the basis of a simple majority of votes cast at the meeting.
(f)
The decision will be publicised within three working days of the meeting
in accordance with Article 4 and a copy shall be given to the Executive
Leader.
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3.
(g)
An in-principle decision will automatically become effective within five
working days from the publication of the Council's decision, unless the
Executive Leader informs the Head of Paid Service in writing within that
period of five working days that he/she objects to the decision becoming
effective and provides reasons why.
(h)
In that case, the Head of Paid Service will call a Council meeting within a
further 15 working days. The Council will be required to reconsider its
decision and the Executive Leader's written submission. The Council
may:(i)
approve the Cabinet's recommendation by a simple majority of
votes cast at the meeting; or
(ii)
approve a different decision which does not accord with the
recommendation of the Cabinet by a simple majority.
(i)
The decision shall then be made public in accordance with Article 4, and
shall be implemented immediately.
(j)
In approving the budget and policy framework, the Council will also
specify the extent of virement within the budget and degree of in-year
changes to the policy framework which may be undertaken by the
Cabinet, in accordance with paragraphs 5 and 6 of these Rules
(virement and in-year adjustment). Any other changes to the policy and
budgetary framework are reserved to the Council.
DECISIONS OUTSIDE THE BUDGET OR POLICY FRAMEWORK
(a)
Subject to the provisions of paragraph 5 (virement), the Executive
Leader, the Cabinet, committee of the Cabinet, individual members of
the Cabinet and any officers or joint arrangements discharging executive
functions may only take decisions which are in line with the budget and
policy framework. If any of these bodies or persons wishes to make a
decision which is contrary to the policy framework, or contrary to or not
wholly in accordance with the budget approved by full Council, then that
decision may only be taken by the Council, subject to paragraph 4
below.
(b)
If the Executive Leader, the Cabinet, committee of the Cabinet,
individual members of the Cabinet and any officers or joint arrangements
discharging executive functions want to make such a decision, they shall
take advice from the Monitoring Officer and/or the Chief Finance Officer
as to whether the decision they want to make would be contrary to the
policy framework, or contrary to or not wholly in accordance with the
budget. If the advice of either of those officers is that the decision would
not be in line with the existing budget and/or policy framework, then the
decision must be referred by that body or person to the Council for
decision, unless the decision is a matter of urgency, in which case the
provisions in paragraph 4 (urgent decisions outside the budget and
policy framework) shall apply.
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4.
URGENT DECISIONS OUTSIDE THE BUDGET OR POLICY FRAMEWORK
(a)
The Executive Leader, the Cabinet, a committee of the Cabinet, an
individual member of the Cabinet or officers or joint arrangements
discharging executive functions may take a decision which is contrary to
the Council's policy framework or contrary to or not wholly in accordance
with the budget approved by full Council if the decision is a matter of
urgency. However the decision may only be taken:(i)
if it is not practical to convene a quorate meeting of the full
Council; and
(ii)
if the Chairman of a relevant Overview and Scrutiny Panel agrees
that the decision is a matter of urgency.
The reasons why it is not practical to convene a quorate meeting of full
Council and the Chairman or the relevant Overview and Scrutiny Panel's
consent to the decision being taken as a matter of urgency must be
noted on the record of the decision. In the absence of the Chairman of
a relevant Overview and Scrutiny Panel, the consent of the Chairman of
the Council, and in the absence of both, the Head of Paid Service or
his/her nominee's consent will be sufficient.
(b)
5.
Following the decision, the decision taker will provide a full report to the
next ordinary Council meeting explaining the decision, the reasons for it
and why the decision was taken as a matter of urgency.
VIREMENT
(a)
The Code of Financial Management in Part 4 of this Constitution
includes provisions which set out the rules for moving monies between
budgetary allocations including contingencies (virement).
(b)
Steps taken by the Executive Leader, the Cabinet, a committee of the
Cabinet, an individual member of the Cabinet or an officer or joint
arrangements discharging executive functions to implement Council
policy shall not exceed those financial allocations to each budget head.
However, such bodies or individuals shall be entitled to vire resources as
follows:(i)
within a service at the discretion of the relevant head of service;
and
(ii)
between services and/or defined activities up to £50,000 in any
financial year at the discretion of the Cabinet.
In all other cases virement will require the approval of the Council.
6.
IN-YEAR CHANGES TO POLICY FRAMEWORK
The responsibility for agreeing the budget and policy framework lies with the
Council, and decisions by the Executive Leader, the Cabinet, a committee of
the Cabinet, an individual member of the Cabinet or officers or joint
arrangements discharging executive functions must be in line with it. No
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changes to any policy and strategy which make up the policy framework may
be made by those bodies and individuals except those changes:(a)
which will result in the closure and discontinuance of a service or part of
service to meet a budgetary constraint;
(b)
necessary to ensure compliance with the law, ministerial direction or
government guidance; or
(c)
in relation to the policy framework in respect of a policy which would
normally be agreed annually by the Council following consultation, but
where the existing policy document is silent on the matter under
consideration.
In each case a report on the action taken will be reported by the Cabinet to the
next ordinary meeting of the Council.
7.
CALL-IN OF DECISIONS
FRAMEWORK
OUTSIDE
THE
BUDGET
OR
POLICY
(a)
Where an Overview and Scrutiny Panel is of the opinion that an
executive decision is, or if made would be, contrary to the policy
framework, or contrary to or not wholly in accordance with the Council's
budget, then it shall seek advice from the Monitoring Officer and/or Chief
Finance Officer.
(b)
In respect of functions which are the responsibility of the Cabinet, the
Monitoring Officer's report and/or Chief Finance Officer's report shall be
to the Cabinet with a copy to every member of the Council. Regardless
of whether the decision is delegated or not, the Cabinet must meet to
decide what action to take in respect of the Monitoring Officer's report
and to prepare a report to Council in the event that the Monitoring Officer
or the Chief Finance Officer conclude that the decision was a departure,
and to an Overview and Scrutiny Panel if the Monitoring Officer or Chief
Finance Officer conclude that the decision was not a departure.
(c)
If the decision has yet to be made, or has been made but not yet
implemented, and the advice from the Monitoring Officer and/or the
Chief Finance Officer is that the decision is or would be contrary to the
policy framework or contrary to or not wholly in accordance with the
budget, the Overview and Scrutiny Panel may refer the matter to
Council. In such cases, no further action will be taken in respect of the
decision or its implementation until the Council has met and considered
the matter. The Council shall meet within 10 working days of the
request by the Overview and Scrutiny Panel. At the meeting it will
receive a report on the decision or proposals and the advice of the
Monitoring Officer and/or the Chief Finance Officer. The Council may
either:(i)
endorse a decision or proposal of the executive decision taker as
falling within the existing budget and policy framework. In this
case no further action is required save that the decision of the
Council be minuted and circulated to all Councillors in the normal
way; or
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(ii)
amend the Council's Code of Financial Management or policy
concerned to encompass a decision or proposal of the body or
individual responsible for that executive function and agree to the
decision with immediate effect. In this case no further action is
required save that the decision of the Council be minuted and
circulated to all councillors in the normal way; or
(iii)
where the Council accepts that the decision or proposal is contrary
to the policy framework or contrary to or not wholly in accordance
with the Council's budget, and does not amend the existing
framework to accommodate it, require the executive decision taker
to reconsider the matter in accordance with the advice of either the
Monitoring Officer and/or Chief Finance Officer.
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OVERVIEW AND SCRUTINY PROCEDURE RULES
1.
ARRANGEMENTS FOR OVERVIEW AND SCRUTINY
The Council will have Overview and Scrutiny Panels as set out in Article 6 and
will appoint members to them as it considers appropriate from time to time.
2.
MEMBERSHIP OF OVERVIEW AND SCRUTINY PANELS
Each Overview and Scrutiny Panel will comprise no more than 16 members of
the Council with seats allocated to political groups in proportion to the number
of seats held by each group on the Council as a whole. All Councillors except
members of the Cabinet may be members of an Overview and Scrutiny Panel.
However, no member may be involved in scrutinising a decision in which
he/she has been directly involved.
3.
MEETINGS OF OVERVIEW AND SCRUTINY PANELS
Ordinary meetings of the Overview and Scrutiny Panels shall be held on such
dates and times as may be specified in the Council's calendar of meetings.
However, such dates and times may be varied at the discretion of each Panel
or its Chairman. In addition, extraordinary meetings may be called from time to
time as and when appropriate. An Overview and Scrutiny Panel meeting may
be called by the Chairman of the relevant Overview and Scrutiny Panel, by
any 3 members of the Panel or by the Head of Paid Service if he/she
considers it necessary or appropriate.
4.
QUORUM
The quorum for an Overview and Scrutiny Panel shall be as set out in the
Committee Procedure Rules in Part 4 of this Constitution.
5.
CHAIRMEN AND VICE-CHAIRMEN OF OVERVIEW AND SCRUTINY
PANELS
The Chairman and Vice-Chairman of the Overview and Scrutiny Panels will be
drawn from among the Councillors sitting on the Panel and, subject to this
requirement, each Panel may appoint such persons as it considers
appropriate as Chairman and Vice-Chairman.
6.
WORK PROGRAMME
The Overview and Scrutiny Panels will be responsible for setting their own
work programme and in doing so shall take into account the wishes of all
members on that Panel irrespective of any political affiliation.
7.
AGENDA ITEMS
A member may raise an item on an Overview and Scrutiny Panel agenda in
accordance with the Councillor Call for Action (CCFA) procedure, as detailed
in the guide to CCFA attached to the Council Procedure Rules as Annex (iv).
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8.
REQUESTS FROM COUNCIL/CABINET TO REVIEW AREAS OF ACTIVITY
The Overview and Scrutiny Panels must respond as soon as their work
programme permits to requests from the Council and, if it considers it
appropriate, the Cabinet to review particular areas of Council activity. Such
requests will be put in writing to the Chairman of the relevant Overview and
Scrutiny Panel. Where a request is agreed to, the Overview and Scrutiny
Panel shall report their findings and any recommendations back to the Council
and/or Cabinet. If practicable, the Council and/or the Cabinet shall consider
the report of the Overview and Scrutiny Panel at their next ordinary meeting
after its receipt or at the ordinary meeting after that.
9.
POLICY REVIEW AND DEVELOPMENT
The role of the Overview and Scrutiny Panels in relation to the development of
the Council's budget and policy framework is set out in detail in the Budget
and Policy Framework Procedure Rules. In relation to the development of the
Council's approach to other matters not forming part of its policy and budget
framework, Overview and Scrutiny Panels may make proposals to the Cabinet
for developments insofar as they relate to matters within their terms of
reference.
Overview and Scrutiny Panels may hold enquiries and investigate the
available options for future direction in policy development and, provided
appropriate financial provision is available in the budgetary framework, may
appoint advisers and assessors to assist them in this process. They may go
on site visits, conduct public surveys, hold public meetings, commission
research and do all other things that they reasonably consider necessary to
inform their deliberations. They may ask witnesses to attend to address them
on any matter under consideration and may pay to any advisers, assessors
and witnesses a reasonable fee and expenses for doing so within the
allocation of funds approved by the Council.
10.
OVERVIEW AND SCRUTINY PANEL REPORTS
The flowcharts at Appendix A show the process for Overview and Scrutiny
Panels to report their recommendations on proposals for consideration by
Cabinet, Council or individual Cabinet Members with delegated decision
making powers.
11.
CABINET CONSIDERATION OF ISSUES ARISING FROM OVERVIEW &
SCRUTINY
Overview and Scrutiny Panels will have access to the Cabinet's Notice of
Executive Decisions and timetable for decisions and intentions for
consultation. Comments from Overview and Scrutiny Panels relating to items
on the Cabinet’s agenda will be included for consideration in the relevant
Cabinet reports.
12.
RIGHTS OF OVERVIEW
DOCUMENTS
AND
SCRUTINY
PANEL
MEMBERS
TO
In addition to their rights as Councillors, members of Overview and Scrutiny
Panels have the additional rights to documents and to notice of meetings as
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set out in the Access to Information Procedure Rules in Part 4 of this
Constitution.
Nothing in this paragraph prevents more detailed liaison between the Cabinet
and an Overview and Scrutiny Panel as appropriate depending upon the
particular matter under consideration.
13.
MEMBERS AND OFFICERS GIVING ACCOUNT
An Overview and Scrutiny Panel may scrutinise and review decisions made or
actions taken in connection with the discharge of any Council functions. As
well as reviewing documentation, in fulfilling the scrutiny role a Panel or its
Chairman (or in his/her absence, the Vice-Chairman) may require any
member of the Cabinet, the Head of Paid Service and any senior officer to
attend before it to explain in relation to matters within their remit:(a) any particular decision or series of decisions;
(b) the extent to which the actions taken implement Council policy; and/or
(c) their performance;
and it is the duty of those persons to attend if so required.
Where any member or officer is required to attend an Overview and Scrutiny
Panel meeting under this provision, the Chairman (or in his/her absence, the
Vice-Chairman) of that Panel will inform the Performance, Policy &
Transformation Manager (Scrutiny). The Performance, Policy &
Transformation Manager (Scrutiny) shall inform the member or officer in
writing giving at least 5 working days' notice of the meeting at which he/she is
required to attend. The notice will state the nature of the item on which he/she
is required to attend to give account and whether any papers are required to
be produced for the Panel. Where the account to be given to the Panel will
require a report to be produced, the member or officer concerned will be given
sufficient notice to allow for preparation of that documentation.
Where, in exceptional circumstances, the member or officer is unable to
attend on the required date, then the Chairman of the Overview and Scrutiny
Panel (or in his/her absence, the Vice-Chairman) shall, in consultation with the
member or officer, arrange an alternative date for attendance to take place
within a maximum of two months from the date of the original request.
Where an Overview and Scrutiny Panel is reviewing work of the Council which
is not a function of the Cabinet, it should not normally scrutinise individual
decisions made by the Council or any committee or panel thereof, particularly
decisions in respect of development management, licensing, registration,
consents and other permissions. In making reports and recommendations on
functions which are not the responsibility of the Cabinet, such reports and
recommendations should normally be used as part of wider policy reviews.
14.
ATTENDANCE BY OTHERS
An Overview and Scrutiny Panel may invite other people to address it, discuss
issues of local concern and/or answer questions. It may, for example, invite
Councillors who are not members of the Cabinet, residents, stakeholders,
members or officers in other parts of the public sector to attend.
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15.
CALL-IN
When a decision is made by the Executive Leader, Cabinet, an individual
Cabinet Member or a committee of the Cabinet or a key decision is made by
an officer with delegated authority from the Cabinet or under joint
arrangements, the decision shall be published, made available at the Council’s
main offices and sent to Members of the Overview and Scrutiny Panels within
three working days of being made. The notice of decisions will bear the date
on which it is published and will specify that the decision will come into force
and be implemented on the expiry of five working days after publication,
unless called in by a relevant Panel as shown in Appendix B.
16.
CALL-IN AND URGENCY
The call-in procedure set out above shall not apply where the decision being
taken by the Executive Leader, the Cabinet, an individual Member of the
Cabinet, a committee of the Cabinet or a key decision by an officer with
delegated authority from the Cabinet or under joint arrangements is urgent. A
decision will be urgent if any delay likely to be caused by the call-in process
would seriously prejudice the Council's or the public's interests. The record of
the decision and the notice by which it is made public shall state whether in
the opinion of the decision-making person or body, the decision is an urgent
one and therefore not subject to call-in. The Chairman of the relevant
Overview and Scrutiny Panel or in his/her absence the Chairman of the
Council must agree both that the decision proposed is reasonable in all the
circumstances and to it being treated as a matter of urgency. In the absence
of both the Chairman of the relevant Overview and Scrutiny Panel and the
Chairman of the Council, the Head of Paid Service or his/her nominee's
consent shall be required. Decisions taken as a matter of urgency must be
reported to the next available meeting of the relevant Overview and Scrutiny
Panel together with the reasons for urgency.
17.
PROCEDURE AT OVERVIEW AND SCRUTINY PANEL MEETINGS
Overview and Scrutiny Panels shall consider the following business:(a) minutes of the last meeting;
(b) declarations of interest;
(c) consideration of any matter referred to the Panel for a decision in
relation to call-in of a decision;
(d) responses of the Cabinet and the Council to reports of the Overview and
Scrutiny Panel; and
(e) the business otherwise set out on the agenda for the meeting.
Where an Overview and Scrutiny Panel conducts investigations (e.g., with a
view to policy development), the Panel may also ask people to attend to give
evidence at Panel meetings which are to be conducted in accordance with the
following principles:(a) that the investigation will be conducted fairly and all members of the
Panel will be given the opportunity to ask questions of attendees and to
contribute and speak;
(b) that those assisting the Panel by giving evidence shall be treated with
respect and courtesy; and
(c) that the investigation be conducted so as to maximise the efficiency of
the investigation or analysis.
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Following an investigation or review, an Overview and Scrutiny Panel may, if
appropriate, prepare a report for submission to the Cabinet and/or Council as
appropriate and may choose to make its report and findings public.
18.
MATTERS WITHIN THE REMIT OF MORE THAN ONE OVERVIEW AND
SCRUTINY PANEL
Where a matter for consideration by an Overview and Scrutiny Panel also falls
within the remit of one or more other Overview and Scrutiny Panels, the
decision as to which Overview and Scrutiny Panel will consider it will be
resolved by the advisory group comprising the Chairmen and Vice-Chairmen
of the Panels in accordance with Article 6.05 of this Constitution.
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Appendix A – reporting Overview and Scrutiny recommendations on
proposals
Matters that Council is responsible for:
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Matters that Cabinet is responsible for:
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Appendix B – pre-decision scrutiny and Call-In processes
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Code of Financial Management
1.
1.1.
1.2.
1.3.
1.4.
1.5.
1.6.
Financial responsibilities
General
Before any proposal that affects the Council’s financial position is made the
body or person(s) responsible for making that decision, or for making a
recommendation to that body or person(s), shall consider a written report,
approved by the officer accountable for the appropriate budget, detailing the
financial implications.
The Council
Will:
• determine the Council's Medium Term Financial Strategy (MTFS),
approve the annual budget and set the level of the council tax.
• approve the Council’s treasury management strategy (TMS) and
prudential indicators.
• approve changes to this code.
The Corporate Governance Panel
Will:
• ensure that the financial management of the Council is adequate and
effective.
• ensure that the Council has a sound system of internal control including
arrangements for the management of risk.
• consider the Council’s code of corporate governance and approve the
annual statement.
• approve the internal audit charter and the annual internal audit plan and
comment on the external audit plan.
• approve the Council’s Annual Financial Report (AFR), which includes the
statutory accounts.
• consider reports from the external auditor.
• recommend changes to this code to the Council.
The Cabinet:
Will propose to the Council:
• the MTFS.
• the annual budget and council tax level.
• a combined annual report including the TMS, treasury management
policy, and the prudential, treasury management and commercial
investment strategy indicators.
• after considering the views of the appropriate Overview and Scrutiny
panel and representatives of the business community, set financial
priorities, allocate and re-allocate resources in accordance with the limits
in this code, monitor and review financial performance.
• approve the risk management strategy.
Overview and Scrutiny Panels
Will contribute to the development of, and review the effectiveness of, the
Council's MTFS, treasury management and annual budget.
Cabinet and Committees (and sub-committees)
Will ensure that all decisions within their remit are made within the relevant
budgets and are consistent with achieving the Council’s corporate plan and
adopted policies. If they wish to make proposals that will require additional
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resources, these will need to be subject to officers, the Cabinet or the Council
making these available through the normal process.
1.7.
1.8.
1.9.
Budget Managers and Executive Councillors
Will own and manage the budgets within their responsibility. Specifically, they
will effectively plan and control financial activity to ensure efficient and
effective use of resources. Budget managers should ensure that the full
financial implications of all decisions are properly assessed and highlighted to
decision makers.
Will take lead responsibility for planning the budgetary cycle, including
monitoring and forecasting of revenue activity so far as it is related to those
budgets.
Members and Employees
Will contribute to the general stewardship, integrity and confidence in the
Council's financial affairs and comply with this code and any systems,
procedures, or policies relating to the financial management of the Council.
1.10.
Specifically, they shall bring to the attention of the Responsible Financial
Officer (RFO) any act or omission that is contrary to the provisions of this code
or the maintenance of high standards of financial probity, and provide
information or explanation on matters within their responsibility to him/her, the
Monitoring Officer (MO), Internal Audit Service or the Council’s external
auditors.
1.11.
Any member or employee who is involved in a transaction with the Council, or
who has an interest in a transaction between a third party and the Council,
shall declare the nature and amount to the MO before any decision on the
matter is made by the Council. The MO will advise the member or employee of
any actions they should or must take.
1.12.
For the purpose of this section an interest also includes any interest of a
member of your family or a close associate or acquaintance. This shall be
interpreted as anyone whom a reasonable member of the public might think
you would be prepared to favour or disadvantage.
1.13.
1.14.
1.15.
The Monitoring Officer (MO) or, in their absence, the Deputy Monitoring
Officer (DMO).
Will report to the Council on any proposal, decision or omission that in their
view is likely to result in a contravention of the law or any code of practice
enacted under it, fails to comply with a legal duty, represents
maladministration or is unjust, in accordance with section 5 of the Local
Government and Housing Act 1989.
For these purposes he/she shall have full and unrestricted access to all
Council assets, systems, documents, information, employees and Members.
The Responsible Financial Officer (RFO) or, in their absence, the Deputy
Responsible Financial Officer (DRFO).
Will be responsible for the proper administration of the Council's financial
affairs, prescribe appropriate financial systems, protocols, procedures and
policies, maintain an internal audit service and report to the Council in the
event of a decision or action leading to unlawful expenditure, a loss or
deficiency or an unlawful accounting entry (in accordance with section 151 of
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the Local Government Act 1972, section 114 of the Local Government Act
1988 and the Accounts and Audit Regulations).
1.16.
Will be responsible for ensuring the final accounts are completed and
published by the statutory dates and reporting the details of any material
amendments specified by the external auditor to the Corporate Governance
Panel.
1.17.
For these purposes they shall have full and unrestricted access to all Council
assets, systems, documents, information, employees and Members.
1.18.
The DRFO officer will be responsible for detailed and operational aspects of
the administration of the Council’s financial affairs on behalf of the RFO,
approving new financial systems and undertaking such duties as are set out in
this code.
1.19.
Budget Managers (Team Managers, Heads of Service, Corporate
Directors and Managing Director)
The Council’s management structure is based on Team Managers, Heads of
Service, Corporate Directors and the Managing Director taking responsibility
for a service and its related budget. For the purpose of this Code they are
referred to as budget managers. Whilst they retain ultimate responsibility they
will often delegate appropriate tasks to their members of staff.
The budget manager responsible for a budget:
• will be responsible for proper financial and resource management and the
prevention of fraud and corruption within the services and functions under
their control and will be responsible for informing the Internal Audit & Risk
Manager of all suspected or notified cases of fraud, corruption or
impropriety.
• will be responsible for preparing and submitting the capital project
appraisal form to the Finance Governance Board (FGB) for approval.
• will be responsible for developing and submitting a detailed business case
to the FGB if required (following approval of the capital project appraisal
form).
• may incur financial commitments and liabilities in accordance with this
Code, the Council's scheme of delegation and resources allocated in their
budgets. In particular they may make purchases of goods and services,
subject to the requirements of the code of procurement, and employ staff,
in accordance with HR policies and any CMT requirements.
• will need approval from their Head of Service in consultation with
Corporate Director for appointments for vacant posts at Grade D and
below.
• will need approval from CMT for the appointment to vacant posts of
Grades E and above.
• will be responsible for regular and effective monitoring and forecasting of
the financial position relating to their services.
• will, in accordance with the risk management strategy determine the
inherent risks within their services, to the achievement of the Council’s
priorities and establish, maintain and document adequate systems of risk
management and internal control, in consultation with the Internal Audit
service, and ensure that relevant employees or Members are familiar with
such systems.
• will be responsible for providing in a timely manner, the information
necessary to ensure that the final accounts can be completed by the
statutory deadlines.
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•
•
•
•
will be responsible for improving the value for money and efficiency of
their services and in discussion with their accountant, ensuring that any
budget adjustments are included in the following years budget process.
will be responsible for identifying opportunities and then bidding for grants
or contributions from other bodies to support the achievement of the
Council objectives through their services.
annually review their services to identify any aspects that are not currently
charged for, but could be and the appropriateness of the current charges.
annually review their fees and charges in consultation with the Executive
Councillors, with any changes being included in and approved with the
annual budget. Changes within the financial year will be subject to
consultation with the Executive Councillors and approved by the RFO. In
doing so, they:
♦
•
•
1.20.
1.21.
shall ensure that relevant legislation that specifies the charges to
be made or constrains them in any way is complied with.
♦
shall, after having regard to the charges of any alternative service
providers with whom the Council is competing, seek to maximise
income, net of applicable costs, unless it will have a clearly
detrimental impact on the achievement of the Council objectives.
♦
may introduce differential pricing to particular client groups where
these are expected to stimulate demand and generate additional
net income which would otherwise not be obtained.
♦
may set prices lower than could be reasonably achieved if this is
demonstrably the most cost effective way of achieving Council
objectives and the necessary funding is available. Use of this
option requires approval of Cabinet.
♦
may set fees and charges that allow an element of discretion if it
can be demonstrated that this will lead to an overall benefit to the
Council. It is important that any use of discretion is recorded so
that it can be clearly shown that decisions have been made fairly
and consistently.
♦
shall keep appropriate records to demonstrate that the required
actions have been undertaken and how the decisions were
reached.
will be accountable for the delivery of services, projects, contracts within
the budgets set by the Council.
will be accountable for financial performance and ensuring, wherever
possible, appropriate comparisons are made against service standards or
other organisational comparators.
Internal Audit
Will be responsible for providing an independent and objective opinion on
internal control, risk management and governance systems. It will act in
accordance with the internal audit charter and undertake reviews that focus on
areas of greatest risk to the Council’s control environment as contained within
a programme agreed annually by the Corporate Governance Panel after
consultation with the RFO and budget managers.
For these purposes internal audit shall have free, full and unrestricted access
to services and functions and all Council assets, systems, documents,
information, employees and Members. All employees are required to assist
internal audit to carry out its role.
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2.
2.1.
2.2.
2.3.
2.4.
3.
3.1.
Financial and service planning
In the Summer - Overall review
The Cabinet shall review the financial performance of the Council in the
previous year, compared with the annual budget, on the basis of the
provisional outturn report prepared by the DRFO in conjunction with budget
managers.
In the Autumn – Preparation of the draft budget and MTFS
The RFO in conjunction with budget managers will review and prepare the
draft annual budget and the MTFS for review by Cabinet after consultation
with the relevant Overview and Scrutiny panel.
In the Winter - Annual budget, MTFS and service plans
The Cabinet shall, after consultation with the relevant Overview and Scrutiny
Panel, recommend to the Council an annual budget for the next financial year
and a MTFS for the succeeding four years, incorporating both capital and
revenue expenditure, which is consistent with corporate and service
strategies. Following approval of the annual budget each budget manager
shall update their service plan(s) to reflect the approved budget and how the
resources allocated will be used to meet service objectives in the forthcoming
year.
In the Spring – Annual Financial Report (AFR)
The DRFO in conjunction with the budget managers will prepare the AFR.
The AFR includes the statutory annual accounts which subject to external
audit will be approved by both the RFO and Corporate Governance Panel.
Controlling financial plans
Financial Monitoring
Budget managers will be responsible for regular and effective monitoring and
forecasting of the financial position relating to their services. Where it is
identified that there will be a significant overspend or underspend, this will be
promptly reported to the RFO by the budget manager. If it is considered
necessary by the RFO in delivering projects or programmes, the same
discipline will apply.
3.2.
On a monthly basis the financial and overall performance of the Council will be
reviewed by the budget managers and the relevant Executive Councillors.
This will include trend and forecast data and, where available comparative
data.
3.3.
The CMT will review, on a monthly basis, the Financial Performance
Monitoring Suite (FPMS). The FPMS will be reported to Cabinet on a quarterly
basis. The FPMS will be prepared by the DRFO, in consultation with each
Head of Service and budget manager to include comparisons with other
service providers and local trend data.
3.4.
Commitments to Expenditure in Future Years
No new commitment to expenditure beyond the current budget year may be
made unless it:
•
is consistent with the achievement of the Council’s objectives and other
relevant strategies, and
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•
3.5.
Grants, Cost Sharing and S106/CIL agreements
Where a budget manager proposes to take advantage of:
•
•
3.6.
•
•
•
•
3.9.
3.10.
the relevant Head of Service being satisfied that the project funding meets
with corporate objectives and that the resource required to produce the
bidding documents is reasonable.
the funds being dependent upon a particular project or service being
provided but, in the case of S106/CIL agreements, the location or some
other aspect is at the Council’s discretion.
informing the DRFO of the details.
consulting the relevant Executive Councillor(s) if the proposal exceeds
£30,000 revenue or £50,000 capital in any one year with any capital
having been previously agreed by the FGB or any discretionary element
of a S106/CIL agreement.
A budget manager may utilise sums of money received under S106/CIL, or
equivalent agreements where there is no discretion. The DRFO should be
informed of the details including:
•
3.8.
receipts of grants, contributions and other forms of external funding, or
enter cost sharing arrangements,
with other organisations, and where such arrangements will deliver additional
or improved services, consistent with their service plan without creating any
current or future commitment to net expenditure they may do so subject to:
•
3.7.
is compatible with the Council's MTFS.
A copy of all information that supports the grants received (grant letter etc)
so a decision can be made in respect of the correct accounting treatment.
Documentation confirming how they plan to meet any grant conditions,
including suitable monitoring and reporting arrangements.
Approvals for additional spending with a net impact
The Managing Director, or in their absence, the RFO, may incur expenditure
for the immediate alleviation of hardship or suffering in the case of peacetime
emergency in the district. Any exercise of this power must be reported to the
Cabinet (under £500,000) or the Council (over £500,000) at the first
opportunity.
The Managing Director, or in their absence, the RFO, may incur expenditure
of up to £500,000 for any purpose which is urgent and demonstrably in the
Council’s best interests to do so following consultation with the Executive
Leader or Deputy Executive Leader. Any exercise of this power must be
reported to the Cabinet at the first opportunity.
Approvals for additional spending with compensating savings
Proposals that require initial funding but will then result in net surpluses or
savings that are at least sufficient to produce a break-even position will be
supported in principle if they are:
•
•
•
consistent with increasing the achievement of the Council’s objectives and
compatible with relevant strategies.
achievable within the Council’s MTFS.
supported by a robust business case which includes a risk assessment.
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•
3.11.
3.12.
supported by the CMT.
The RFO may approve such a scheme following consultation with the relevant
Executive Councillor for the service and the Executive Councillor for
Resources. The relevant budget(s) and MTFS will be appropriately adjusted.
Budget Virements
The process of moving budget resources between different areas within the
budget year is called a virement. The virement of resources within, or
between, any of the types of budgets is supported in principle when it will
make it more likely that the Council will achieve its service objectives and
targets or enhance value for money.
3.13.
These limitations are:
• The salary budgets (pay, national insurance and pension) represent the
Councils approved establishment list. As such the salary budgets cannot
be vired to other areas of the budget. A positive salary budget variance
may be used to cover the additional temporary staffing costs incurred due
to vacant posts.
• The corporate finance budgets are those budgets that are necessary to
the operation of the Council and have limited controllability. Such budgets
included with this area are; minimum revenue provision, interest, pension
liability and levies. Changes to the corporate budget can only be made by
the RFO following consultation with the Head of Paid Service.
• Not from capital to revenue.
3.14.
A budget manager may approve a budget virement within and between the
budgets they are responsible for providing it is:
•
•
•
•
•
Consistent with increasing, or at least maintaining the achievement of
service objectives and compatible with the Council's financial and other
relevant strategies.
Only a movement of establishment posts to another service as part of a
service restructure.
Notified to the DRFO.
Each virement is over £5,000.
Within the following limits if between service budgets:
o
o
o
3.15.
The CMT may, subject to the same criteria, except for the enhanced limits
shown below, approve budget virements between any budgets:
o
o
o
3.16.
Revenue to revenue £75k
Revenue to capital £75k
Capital to capital £75k
Revenue to revenue £250k
Revenue to capital £250k
Capital to capital £250k
Cabinet may approve budget virements of up to:
o
o
o
Revenue to revenue £500k
Revenue to capital £500k
Capital to capital £500k
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3.17.
In all cases, any previous transfers in the same financial year relating to those
budgets shall be aggregated for determining whether the limit has been
exceeded. Providing there is no increase in the “budget requirement”, Cabinet
can approve the application of reserves to meet additional expenditure in line
with the reserves strategy.
3.18.
In all other cases the approval of the Council will be required.
3.19.
Price Base Changes
Inflation will be included, if necessary during the budget process as directed
by the RFO.
3.20.
Capital Programme
The FGB will review and recommend to CMT those schemes that should be
included in the capital programme, the MTFS and be approved by Cabinet.
3.21.
FGB may recommend changes to existing schemes or the introduction of new
schemes during the financial year based on the performance of, or delays
incurred within the delivery of the approved capital programme plan. Changes
to the schemes in the MTFS will be approved by Cabinet.
4.
Cash and credit management
4.1.
4.2.
Banking
The RFO is responsible for all Council banking arrangements and shall
maintain an account(s) with an appropriate bank(s) as defined in the TMS. All
transactions involving income or expenditure shall be dealt with through the
Council's bank account(s).
Income
All employees receiving money (including cash, cheques, credit card
payments etc.) must comply with the relevant procedures issued by the RFO
to ensure that the sums are properly recorded, receipted and banked.
4.3.
No cash payment in excess of £1,000 will be accepted.
4.4.
The Head of Customer Services will manage the Council Tax and NonDomestic Rating collection service on behalf of the Council; including the
billing and debt recovery procedures.
4.5.
The DRFO shall manage a sundry debt collection service on behalf of the
Council and all sums due must be registered by raising an invoice on the
Council's financial management system.
4.6.
All budget managers are required to ensure that:
•
•
•
•
•
Invoices and invoice adjustments are raised promptly.
Invoice queries are answered promptly.
The Sundry debt team are informed of any information that may affect the
recovery of any invoiced sums.
All debts are collected in a timely fashion.
They periodically consider, in liaison with the Sundry debt team, whether
there would be a more effective or efficient way of collecting sums due
(e.g. cash in advance).
Treasury Management
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4.7.
All treasury management activities will be undertaken in accordance with the
Council’s annual TMS, which includes the policies, objectives, risk
management approach, and the prudential, treasury management and
commercial investment strategy indicators. The strategy will comply with the
Code of Practice for Treasury Management and the Prudential Code for
Capital Finance, both published by the Chartered Institute of Public Finance
and Accountancy (CIPFA), and reflect any published Government advice. The
execution and administration of treasury management is delegated to the
DRFO.
4.8.
The Council shall have overall responsibility for treasury management and will
formally approve the annual TMS and receive an annual and mid-year report
on treasury management activities.
4.9.
The Cabinet will be responsible for the implementation and regular monitoring
of treasury management activity. The Treasury & Capital Management Group
will include:
•
•
4.10.
4.11.
the Executive and Deputy Leaders and the Executive Councillor
responsible for resources. Other members can be co-opted onto the
group at the discretion of the Executive Leader.
the RFO and the DRFO, and as and when necessary the Managing
Director and/or Corporate Director (Services). Other officers can be coopted onto the group at the discretion of the Managing Director or the
RFO.
The Overview and Scrutiny (Financial and Performance) Panel will be
responsible for the scrutiny of treasury management.
Payments
All payments made by the Council must be made either:
• through the Council's purchase ledger system, with payments being made
direct to the supplier’s bank account wherever this is practicable.
• by procurement card.
• by direct debits or standing orders (after agreement from the DRFO).
• by some other system specifically approved by the DRFO.
4.12.
In each case complying fully with the relevant procedures for that system (e.g.
appropriate authorisation), particularly the requirement to obtain official VAT
receipts, as determined by the DRFO. Advice can be sought from the DRFO.
5.
Accounting requirements
5.1.
5.2.
Best Practice
The Council will follow the best practice guidance contained in the Accounting
Code of Practice and other relevant publications produced by CIPFA in the
preparation and maintenance of its accounts.
Records
Each budget manager is responsible for maintaining records of their financial
transactions and commitments, that they are in the appropriate financial period
and with the appropriate account codes. Each budget manager is responsible
for ensuring that the financial management system is used only by authorised
individuals and for proper council purposes.
Retention of Documents
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5.3.
5.4.
5.5.
5.6.
5.7.
5.8.
5.9.
Documents required for the verification of accounts, including invoices, will be
retained for six years plus current year.
Contingent Assets and Liabilities
Any officer who is aware of a material and outstanding contingent asset or
liability shall notify the DRFO, who shall include details in the Council's
accounts or in a Letter of Representation to be presented to the Council's
external auditors in respect of those accounts.
Stock
The DRFO shall determine, after consultation with the relevant budget
manager, when stock accounts shall be maintained. This will normally be
where the value of the items are significant or the items are considered to be
vulnerable to loss or theft.
In such cases the relevant budget manager shall ensure that a certified stocktake is carried out at the end of March each year, and that records of receipt
and issue of all stock are maintained throughout the year in a manner agreed
with the DRFO.
Insurance
The Internal Audit Manager shall obtain insurance to protect the Council or
minimise its potential losses from risks including those to employees, property,
equipment and cash. Any decision not to insure significant risks must be
based on a detailed risk assessment and reported to the Executive Councillor
for resources.
Write-off of Irrecoverable Debts
The Head of Service where the debt originated or the DRFO is authorised to
write-off debt with an individual value up to £5,000. Greater than £5,000
requires consultation with the Executive Councillor for Resources.
Appropriate steps must be taken to ensure that the debt is irrecoverable or
cannot be recovered without incurring disproportionate costs.
Accounts Closure, Accounting Accruals and Estimates
The AFR will be produced in line with both statutory regulations and relevant
Codes of Practice.
5.10.
The DRFO will ensure that there is appropriate liaison with service teams prior
to closure, including the hosting of relevant training and the issue of closure
guidance and timetables. The accruals de-minimis limits will be adhered to by
all services, and where estimated accruals are to be issued they are to be
supported by accurate calculation. Other accounting estimates will be
calculated by finance staff in line with professional advice.
5.11.
Provisions, either for bad debts or other purposes will be calculated in line with
the guidelines approved by the DRFO. Earmarked reserves will be operated in
line with the reserves strategy.
5.12.
Assets
An asset is an item of land, building, road or other infrastructure, vehicle or
plant, equipment, furniture and fittings or information and communications
technology (hardware and software) with a life exceeding one year.
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5.13.
The acquisition and disposal of assets will be completed in accordance with
the Disposal and acquisition policy.
5.14.
The financial thresholds for both disposals and acquisitions are as follows:
•
•
•
Managing Director (as Head of Paid Service) & Head of Resources (as
RFO), following consultation with Executive Councillor for Resources £0 £500,000
Treasury and Capital Management Group £500,000 to £2,000,000
Cabinet £2,000,000 +
5.15.
Each budget manager is responsible for ensuring that the assets relating to
their services are properly safeguarded, managed and maintained, and used
only to achieve the Council’s objectives. This will include establishing and
maintaining appropriate security, control systems and records. They will need
to consult relevant officers in relation to specialist items and, where vehicles
are concerned, the officer holding the Council’s operating certificate who has
specific statutory responsibilities.
5.16.
Heads of Service must keep up to date records so a physical verification of all
capital assets, and their condition, is possible.
5.17.
Once the asset is disposed of, the relevant budget manager will inform the
DRFO within 10 working days of the disposal of any asset included in the
asset register.
5.18.
5.19.
5.20.
Capital Expenditure
The purchase or improvement of any asset will normally be treated as capital
expenditure. However, expenditure of less than £10,000 will not normally be
treated as capital expenditure unless the DRFO considers it is in the Council’s
interests to do so.
Leases
Finance and operating leases are to be used only if they are in the Council's
financial interest and with the prior formal approval of the DRFO.
Valuations
In order to comply with accounting requirements assets will need to be
revalued at regular intervals. A three year “phased” revaluation programme
will be followed, other than for:
•
•
5.21.
those assets that are categorised as “investment” properties (e.g.
industrial units), which must be revalued every year, or
where, following significant capital investment or disinvestment in an asset
within an asset group, whereby the whole asset group will be revalued.
All capital asset revaluations for the AFR will be obtained by the DRFO.
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CODE OF PROCUREMENT
1. INTRODUCTION
1.1
The Code of Procurement defines the regulatory and legal framework for
procurement. It has been adopted in accordance with the requirements of
Section 135 (2) of the Local Government Act 1972.
1.2
Throughout the Code, reference to Manager shall mean Managing Director,
Corporate Director, Head of Service or Budget Manager as appropriate. A
Manager shall be responsible for procuring all goods and services that require
the quotation or tender procedures as set out in this Code to be followed.
1.3
No Officer shall procure any goods or services valued at £5,000 or more unless
they have attended training provided by the Procurement Manager and
consider themselves to have such detailed knowledge and understanding of
this Code and how it shall be applied in respect of the total value of the
procurement being considered.
1.4
This Code applies to the procurement, commissioning, hire, rental or lease of 
land and buildings, roads or other infrastructure;

vehicles or plant;

equipment, furniture and fittings;

construction and engineering works;

information and communication technology - hardware and software;

goods, materials and services;

repairs and maintenance;

consultants, agents and professional services.
1.5
This Code does not apply to purchases made from internal management units
or 3 Cs partners.
1.6
The Code applies also to the disposal of assets and goods by the Council
where the appropriate Manager estimates that the assets or goods to be worth
less than £1,000, then the goods or assets may be donated to a recognised
Charity. If disposal to Officers is proposed, then the goods or assets shall be
advertised internally to all Officers and sealed bids sought. . Where the value is
estimated as exceeding £1,000 fair market value must be sought.
1.7
The Council includes the Cabinet, Panels, Committees or other body or
person(s) acting in accordance with delegated authority on behalf of the
Council.
1.8
All procurements or sales made by or on behalf of the Council shall comply with
this Code, subject to any overriding requirements of the Council’s Rules of
Procedure and Code of Financial Management and British or European Union
law or regulation or Crown Commercial Services’ Procurement Policy Notices.
1.9
Throughout the Code, reference to contractor(s) or sub-contractor(s) shall mean
any person, company or supplier who has -
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1.10

requested to be on an approved or ad-hoc approved list of tenderers;

been approached to provide a quotation or tender;

provided a quotation or tender; or

been awarded a contract in accordance with the provisions of this Code.
The Monitoring Officer shall annually review all the financial values contained in
the Code to take account of the impact of inflation. The Monitoring Officer shall
inform all Managers of any amendments to the values prior to the 1st April from
which they shall be operative.
2.
2.1
2.2
REPORTING AND ADVERTISING
Heads of Service shall provide the following information to the Procurement
Manager

No later than the 1 April each year, details of each contract expected to
be advertised in the following year; and an estimate of the total value for
each discrete procurement area where the spend is likely to exceed
£100,000.

new or additional requirements likely to meet or exceed EU thresholds
as they arise.
The Public Procurement Regulations 2015 (Statutory Instrument no. 102 2015)
requires that contracts above EU threshold are advised in the Official Journal of
the European Union and that any contract opportunity above £25,000 is
advertised in the Cabinet Office’s portal “Contracts Finder”. For requirements
estimated as above £5,000 Managers shall advertise in the Contracts Register
where needed to stimulate competition and obtain best value. There is no
requirement to advertise competitions run using frameworks or approved lists.
Threshold
Media
Supplies and
Services
Works and
Concessions
Light Touch
Regime Services
Contracts Register
£5,000
£5,000
£5,000
Contracts Finder
£ 25,000
£ 25,000
£25,000
Official Journal of the
European Union (OJEU)
£ 164,176
£ 4,104,394
£597,609
(1 January 2016)
3.
‘BEST VALUE’ AND SOURCING POLICY
3.1
The Council seeks ‘Best Value’ in all procurement activity. ‘Best Value’ being:

The opportunity to obtain leverage (better prices and) for volume.

Regulatory compliance.
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3.2
3.3
3.4

Transparent and efficient procurement processes.

Appropriate social, environmental and equality outcomes.

Minimum procurement overhead.
Achieving ‘Best Value’ needs valid competition and valid competition is
dependent on the existence of an ‘open’ market with the selected contractors
having the interest, capability and capacity for the work or business being
offered. Wherever possible a minimum of three competitive tenders or
quotations shall be sought. In selecting contractors to provide a tender or
quotation Managers shall ensure that wherever possible 
the selection process they are using is fair and equitable, and that no
favouritism is shown to any one contractor (e.g. the requirement is not an
extract of a contractor’s product specification).

checks are made to ensure that contractors are interested in this type of
business;

repeat or ‘automatic’ invitations to the ‘same’ contractor or group of
contractors are avoided, particularly where previously invited to bid and
had failed to do so;

‘new’ contractors are sought and invited to tender or quote;

the geographic area of the search for potential contractors is widened;
and

‘no-bids’ are checked for the reasons for a contractor’s failure to bid.
Sourcing policy is determined by the needs of ‘Best Value’ and in order of
preference is:
(a)
Adopted catalogues or framework contracts. An adopted catalogue or
framework is the preferred contract for the Council’s business within a
defined category (a type or group of goods or service). The Procurement
Manager shall make available adopted catalogues or framework
contracts on the e-marketplace or publish details of the contract or
framework in Procurement Protocols & Guidelines. Managers shall
ensure that orders for such categories are placed through the emarketplace using appropriate ‘adopted’ catalogue or framework
contract. The Procurement Manager shall keep under review the
continued suitability of any such catalogues, contracts or framework
agreements.
(b)
Collaborative procurements with other public bodies or authorities.
(c)
Council let corporate contracts.
Some categories are managed corporately by specialist areas. The
Procurement Manager shall provide a list of specialist categories and Managers
shall ensure all requirements for such categories are referred to the relevant
specialist.
Market Sounding
3.5
Market engagement is encouraged to help achieve Best Value though trying to
understanding the market, the suppliers, their business models and their costs
3.6
Supplier Meetings/Briefings. To avoid the risk of unfair competitive advantage,
any such meeting should be structured as an open event; all questions and
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answers recorded and with a minimum of 2 officers present. If pre-competition
a minimum of 3 suppliers shall be invited and during a competition, all
participating contractors shall be invited.
4.
METHODS OF ORDERING
4.1
All orders shall be placed through one of the following recognised methods:
4.2

An order raised on the e-marketplace.

A procurement card order.

A manual purchase order.

A purchase order raised on the financial management system.
Where there is an exception requirement and the relevant Corporate Director or
Head of Service considers that the work is of an emergency nature necessary
to enable the service to continue and none of the ordering methods are suitable,
the relevant Corporate Director or Head of Service shall record the details of the
exceptional requirement and the action taken for future audit.
5.
5.1
5.2
CONTRACTS REGISTER
In compliance with the Local Government Transparency Code 2013, Managers
shall keep a record using the Contracts Register, for all tenders and quotes
greater than £5,000 (and subsequent contract extensions); of:

the reasons (if appropriate) for not advertising on the Council's ‘Latest
Opportunities’ internet site;

all those contractors that were requested to quote or tender;

the reasons why those particular contractors were selected to quote or
tender;

if applicable, the reasons why less than three contractors were selected to
quote or tender;

if the selected contractor is a Small or Medium Enterprise, voluntary or
third sector organisation or charity;

if the selected contractor is VAT registered;

contract renewal date (if appropriate);

summary details of a single tender/quote (if appropriate), and

file or other reference to the contract and location of the documents and
contract.
Any procurement estimated to exceed £100,000, which is not covered by the
exceptions in paragraph 6 below, must be referred to the Procurement Manager
before the procurement process is commenced. If a Manager does not wish to
accept the Procurement Manager’s advice on any significant aspect the matter
will be determined by the relevant Corporate Director. The discussion will cover:

Scope and objectives of the procurement;

Budget and costing;

Tender methods;
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5.3

Product and market information;

Timescales; and

Deliverables.
Where there is no adopted contract or framework, Managers shall, wherever
practicable, seek to maximise contract values with other Managers to secure
lower costs. The Council nevertheless wishes to balance the effort of going to
the market with the effort and efficiency of the procurement process. Managers
after determining the proposed contract’s total value shall then follow one of the
procurement procedures detailed below. These procedures shall be used in all
procurements or sales bar those exceptions at paragraph 6.
Procedure
Estimated
Total Value of
Procurement
(a)
Estimate
Up to £5,000
(b)
Request for
Price
(Informal
Quote)
£5,000 up to
£25,000
(c)
Request for
Quote
(Formal
Quote)
Requirement
At least 1 written estimate or offer (emarketplace, email, web or paper) shall
be sought and recorded.
At least 3 written estimates or offer (emarketplace, email or headed paperwork)
shall be sought.
£25,000 to
£100,000
Formal quotations sought from all
contractors expressing interest following
advertisement in accordance with
paragraph 2.2. A formal written contract
prepared in accordance with paragraph
13.2 if justified by potential risk or
specialist subject matter.
Competitive tenders shall be obtained
using one of the tendering options in this
Code, and a formal written contract
prepared in accordance with paragraph
13.2.
The appropriate EU procurement directive
shall be complied with.
(d)
Tender
£100,000 to EU
Procurement
Threshold
(e)
EU tender
The EU
Threshold and
above
5.4
Total value is the cost of all elements of the procurement (e.g. installation,
testing, training, maintenance, etc). The Manager shall ensure that a
procurement is not split or otherwise disaggregated and may choose to
competitively tender requirements less than £100,000.
5.5
A Manager shall not invite quotations or tenders from any contractor or subcontractor who has participated in the preparation of documentation or were
involved in other preparatory work for the contract, unless they have, in writing,
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explained to the Monitoring Officer why this does not constitute an unfair
competitive advantage or a conflict of interest and obtained agreement, in
writing, that the contractor/sub-contractor may compete in the quote/tender
process.
6.
TENDER AND REQUEST FOR QUOTATION PROCEDURES
6.1
Exceptions. Nothing in this Code shall require tenders/quotes to be sought: (a)
for purchases made from a Public Purchasing Body (ESPO, PRO5,
Crown Commercial Service) where:

there is a single supplier 'call-off contract' or catalogue created with fixed
prices, or

the contract is created to our requirements;
(b)
for purchases through local authority, government body or agency,
police, health or other similar public authority, where the procurement
rules of that organisation have been approved by the Procurement
Manager and the contract is created in co-operation, agreed joint
requirements or partnership;
(c)
for purchases made at public auction.
6.2
Provided that a compliant procurement process is underway a contract may be
extended to complete procurement and contract negotiations by up to 3 months
subject to agreement of the Procurement Manager.
6.3
Single Tenders/Quotes. All single tenders/quotes shall be reported to and
recorded by the Procurement Manager in a register kept for that purpose.
6.4
Head of Service Approval.
A Head of Service can approve a single tender/quote:
(a)
(b)
if the Head of Service considers that the work is of an emergency nature
or is necessary to enable the service to continue and is reported to the
next meeting of Cabinet.
for ongoing maintenance of propriety systems provided:

there is evidence that it is a propriety system;

the initial contract award was compliant with this Code;

the renewal is for a period not greater than 4 years (this is the time
interval the EU uses to calculate contract value for ongoing contracts);

the total ongoing value does not exceed the EU threshold.
(c)
where a single expression of interest is received for a competition run in
accordance with the quote procedures (paragraphs 5.3 (a) & (b)) provided
that:

a clear description of the requirement has been advertised (paragraph
2.2) for an adequate period;

the sole prospective supplier is kept unaware of their status;

the process for seeking the quote is compliant.
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6.5
(d)
where a new extension is proposed to a contract awarded under quote
procedures (paragraphs 5.3 (a) & (b)) provided:

the value of the proposed and all previous extensions to the contract are
not greater than 10% of the advertised requirement;

the extension does not materially change the nature of the contract;

the initial contract award was compliant with this Code.

the extension is recorded in the Contracts Register.
(e)
Where the Head of Service considers a single quote is in the Council’s
best interest and:
♦
The total value is less than £25,000; and
♦
The details are justification are reported to the next quarterly Corporate
Governance Committee.
Monitoring Officer Approval.
A Head of Service after consulting the Monitoring Officer may obtain a single
tender or quotation when:
(a)
6.6
(b)
Specialist consultants, agents or professional advisers are required and

there is no satisfactory alternative; or

evidence indicates that there is likely to be no genuine competition; or

it is in the Council’s best interest to engage a particular consultant,
agent or adviser.
(c)
Products are sold at a fixed price, and market conditions make genuine
competition impossible.
(d)
With the Monitoring Officer’s agreement, considers that it is in the
Council’s best interest in negotiating a further contract for works, supplies
or services of a similar nature with a contractor who is currently
undertaking such work and is reported to the next meeting of Cabinet.
If the single quote/tender option is used, the Manager shall:
♦
♦
7.
7.1
7.2
Prices are wholly controlled by trade organisations or government order
and no reasonably satisfactory alternative is available.
Seek approval of the Monitoring Officer;
Retain records that demonstrate that the best price or value for money
has been obtained from the negotiations with the contractor.
LIST OF APPROVED TENDERERS
Tenders shall be invited from at least three contractors selected from an
approved list established in accordance with this paragraph of the Code. Vetting
is not normally required as the contractor was vetted to join the list.
The Council uses 2 types of list of approved contractors:
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(a)
Third party vetted lists of contractors that are compiled and maintained
by an external organisation. Only external organisations approved by
the Procurement Manager, after consultation with other relevant
Manager(s) shall be adopted. The Procurement Manager shall ensure
that the external organisation and approved list of contractors is detailed
in Procurement Protocols & Guidelines.
(b)
Ad-hoc list of approved tenderers. If a Manager believes that the
approved list of tenders does not allow him to obtain sufficient
competition for ‘Best Value’, the Manager shall write to the Procurement
Manager seeking approval to source additional contractors or create an
ad-hoc list of approved tenderers.
7.3
7.4
Subject to approval as required in paragraph 7.2(b) the Manager shall:

issue a public notice inviting applications for inclusion on a specific
approved list for the supply of goods, services or materials.

vet (as detailed at paragraph 9.1) all contractors replying to the public
notice or who have requested within the previous 12 months to be
considered for work of a similar nature;

only include contractors satisfactorily completing the checks;

tell all potential suppliers how the approved list operates

ensure the ad-hoc list shall only be used for seeking tenders for the
supply of goods, services or materials specifically detailed within the
original public notice;
The Procurement Manager in conjunction with the relevant Managers shall
review the continued suitability of any List of Approved Tenderers periodically
and at least prior to the third anniversary of its initial or further adoption.
8.
8.1
8.2
FRAMEWORKS
All contractors on the framework (or lot if split into lots) shall be invited to submit
a tender or quotation unless:

the framework explicitly permits direct award;

the proposed award is less than the tender threshold (£100,000); and

the Head of Service can show both objective reasons for the selection of a
supplier and evidence of best value.
No public notice is required and general Terms & Conditions are set in the
original framework contract but additional Terms & Conditions specific to the
requirement may be permitted. Vetting is not normally required as the
contractor was vetted as part of the original framework competition.
9.
COMPETITION
9.1
Shortlisting and Restricted Tenders
(a)
Restricted (shortlisting) tenders are not permitted for competitions below
the EU threshold.
(b)
Where allowed, the Manager shall undertake sufficient vetting to ensure
that all contractors:
comply with minimum standards of Insurance;

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
have the necessary Health & Safety policy and performance and (where
applicable) membership of the Contractor's Health and Safety Scheme or
equivalent health and safety standard;

are financially viable based on a risk based assessment;

have an appropriate environmental policy;

comply with equalities legislation and policy; and

possess the experience and capacity required.
(c)
The Procurement Manager shall provide an appropriate questionnaire for
the purpose of vetting contractors.
(d)
Managers wishing to have a Pre-Qualification Questionnaire returned in
electronic format (eg: Excel) must tell bidding suppliers to use the
designated email address “[email protected]” and
inform the Procurement Manager of the closing date. The Procurement
Manager shall forward the Pre-Qualification Questionnaires to the
Manager after the closing date.
9.2
Open Tenders/Quotes
(a)
Provided the Manager complies with paragraph 2.2 and is satisfied that
Expressions of Interest received represent contractors with genuine
interest and capacity, then no further public notice is required.
Otherwise public notice may be given in one or more newspapers and/or
in an appropriate trade journal. The notice shall state the nature and
purpose of the contract, where further information and documentation
can be obtained, and state the closing date for the process.
(b)
An Invitation to Tender (ITT) or Request to Quote (RFQ) shall be sent to
all contractors expressing an interest. ITTs and RFQs may include an
appropriate suitability questionnaire. The Procurement Manager shall
provide a suitable questionnaire.
9.3
Invitations to Tenders (ITT) and Requests for Quotations (RFQ)
Managers shall ensure that all ITTs and RFQs include;
9.4
(a)
approved contract terms in accordance with paragraph 13.2 of this
Code;
(b)
a clear statement that explains if the bid is to be evaluated on the basis
of the most economically advantageous tender (best value).
Evaluation Criteria
Except where the Cabinet decides otherwise, all formal quotations or tenders
that are being sought shall:
(a)
be based on a definite written specification, which shall include
consideration (where relevant to the requirement) of:

environmental performance including low energy and water consumption
and the elimination of substances hazardous to health and the
environment.

delivery of social benefit (for services only)

inclusion of Small & Medium sized Enterprises
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9.5
(b)
include award criteria,
(c)
include specific weightings applied to individual award criteria, and
(d)
if appropriate, include a requirement for a performance bond and
liquidated damages
Non-Traditional Procurement
If a Manager believes that by following one of the procurement procedures
detailed in paragraph 9 above that the procurement process will not provide him
with the most appropriate method of delivery, the most competitive prices, allow
for continuous improvements in delivery, or stifle innovation, then they may
suggest alternative procurement strategies.
The Manager shall produce in accordance with guidance issued by the
Procurement Manager and prior to proceeding with the procurement, a written
acquisition strategy that shall be approved by the Monitoring Officer and the
Cabinet.
10.
SUB-CONTRACTS AND NOMINATED SUPPLIERS
10.1
Quotations or tenders for sub-contracts to be performed or for goods, services
or materials to be supplied by nominated sub-contractors shall be invited in
accordance with this Code.
10.2
The relevant Manager is authorised to nominate to a main contractor a subcontractor whose quotation or tender has been obtained in full accordance with
this Code.
11.
11.1
RECEIPT AND OPENING OF TENDERS AND QUOTATIONS
Contractors shall be notified that tenders or formal quotations are invited in
accordance with this Code. No tender or formal quotation will be considered
unless (a)
it has been received via the e-marketplace ‘sealed quote’ facility; or
(b)
it is contained in a plain envelope/packet which shall be securely sealed
and shall bear the word “Tender” or “Quotation”, the Unique Reference
Number (URN) from the Contracts Register; and the envelope shall not
bear any distinguishing matter or mark intended to indicate the identity of
the sender. Such envelope shall be addressed

impersonally to the Legal Services Officer if it contains a “Tender”, or

the appropriate Manager if it contains a “Quotation”; or
(c)
RFQs (Formal Quotations) may be sent electronically to a specific e-mail
address, which the appropriate Manager shall obtain from the IMD
Service Manager. The IMD Service Manager shall ensure that the e-mail
address is secure.
11.2
All Officers shall comply with the procedure note ‘Procedure for the Receipt of
Tenders and Formal Quotations’ which can be found on the Procurement
internet pages..
11.3
All tenders or quotations upon opening shall be recorded in writing on either a
tender or quotation opening record unless the Contracts Register is being
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completed contemporaneously. The format of the opening record shall have
been previously agreed with the Monitoring Officer and Legal Services Officer.
11.4
Any tenders or quotations received after the specified time may in exceptional
circumstances be accepted by Legal Services Officer, otherwise they shall be
returned promptly to the contractor by the Legal Services Officer or his
nominated officer in respect of tenders, or by the appropriate Manager or his
nominated officer in respect of a formal quotation.
11.5
Late tenders shall be rejected once any other tender/quotation has been
opened. The tender or quotation may be opened to ascertain the name of the
contractor but no details of the tender or quotation shall be disclosed.
12.
ACCEPTANCE OF TENDERS AND QUOTATIONS
12.1
The appropriate Manager shall evaluate all the tenders or quotations received
in accordance with the award criteria set out in the bid documentation and shall
accept, subject to the provisos set out in this paragraph, the most economically
advantageous tender or quotation, as evaluated against the award criteria.
12.2
Tenders or quotations exceeding the approved estimate may only be accepted
once approval to further expenditure is obtained.
12.3
If the most economically advantageous quotation exceeds £75,000 but 
is within 15% of the original estimate and budget, the appropriate Head of
Service may accept the quotation without seeking further competition; or

is in excess of 15% of the original estimate then the Head of Service shall
consult the Procurement Manager and obtain the approval of the
Monitoring Officer that the quotation can be accepted otherwise a
competitive tender exercise in accordance with paragraph 9.1 above shall
be carried out.
12.4
A tender or quotation shall not be accepted (a)
where payment is to be made by the Council and it is not the most
economically advantageous tender or quotation in accordance with the award
criteria set out in the tender or quotation documentation; or
(b)
if payment is to be received by the Council and the tender or
quotation is not the highest price or value;
(c)
12.5
unless –

the Cabinet have considered a written report from the appropriate Head of
Service/Service Manager, or

in cases of urgency, the Monitoring Officer has consulted and obtained
the approval of the relevant executive councillor. Tenders or quotations
accepted in this way shall be reported by the appropriate Manager to the
next meeting of the Cabinet.
Arithmetical Errors and Post-Tender Negotiations
(a)
Contractors can alter their tenders or quotations after the date specified
for their receipt but before the acceptance of the tender or quotation,
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where examination of the tender or quotation documents reveals
arithmetical errors or discrepancies which affect the tender or quotation
figure. The contractor shall be given details of all such errors or
discrepancies and afforded an opportunity of confirming, amending or
withdrawing his offer.
(b)
Post-tender negotiations shall not be used to degrade the original
specification unless:

the capital or revenue budget is exceeded; or

other special circumstances exist;
in which case the Monitoring Officer and Procurement Manager shall
decide which of those contractors who originally submitted a tender or
quotation shall be given the opportunity to submit a further bid based
upon a degraded specification. This decision shall be recorded in writing.
(c)
(d)
All post-tender negotiations shall:

only be undertaken where permitted by law and where the appropriate
Manager and Monitoring Officer and Legal Services Officer consider
additional financial or other benefits may be obtained which over the
period of the contract shall exceed the cost of the post-tender
negotiation process;

be conducted by a team of officers approved in writing by the Monitoring
Officer and Legal Services Officer;

be conducted in accordance with guidance issued by the Legal Services
Officer; and

not disclose commercially sensitive information supplied by other
bidders for the contract.
(e)
13.
13.1
In evaluating tenders, the appropriate Manager may invite one or more
contractors who have submitted a tender to submit a revised offer
following post-tender negotiations.
The appropriate Manager shall ensure that all post-tender negotiation
meetings are properly minuted with all savings and benefits offered clearly
costed. Following negotiations but before the letting of the contract,
amendments to the original tender submitted shall be put in writing by the
contractor(s) and shall be signed by him.
TERMS OF BUSINESS AND THE FORM OF CONTRACTS
All orders placed by the Council shall be on the Council’s Terms and Conditions
(T&Cs). Managers shall not use Contractor’s documentation to order,
acknowledge, instruct to proceed or make any other commitment where the
documentation makes any reference to the Contractor’s T&Cs. Where a
contractor formally insists on trading on T&Cs other than the Council’s T&Cs,
the Procurement Manager shall be informed, except for 
Any contract where the estimated total value is likely to exceed £100,000,
where paragraph 13.2 shall apply.

Any framework or contract formally adopted by the Council.
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
Purchasing Agency (e.g. ESPO, Crown Commercial Service) arranged
contracts and orders.

Orders of a total value of less than £ 25,000 where the goods or service
are purchased on a ‘retail’ basis on terms available to the general public.

Orders for software where the licence is for ‘standard’ product but not
where customisation, development or on-site service is required for the
‘standard’ product.
13.2
Every contract that exceeds £25,000 shall use the Council’s Standard Terms
and Conditions. If the contract value is greater than £100,000; or where
significant risk to performance or delivery is identified; or if a specialist category
(eg: works, IT, professional services, concessions), then the contract shall be in
writing in a form approved by the Legal Services Officer. Managers shall
ensure that advice of the Legal Services Officer is sought at a stage as early as
practicable (normally before the issue of an Invitation to Tender).
13.3
In the case of any contract likely to exceed £100,000 for the execution of works
or for the supply of goods, services or materials, the Manager after consulting
with the Procurement Manager and the Monitoring Officer shall consider
whether the Council should require security for its due performance and shall
either certify that no such security is necessary or shall specify in the
specification of tender the nature and amount of the security to be given. In the
latter event, the Council shall require and take a bond or other sufficient security
for the due performance of the contract.
13.4
Managers shall produce the final version of all contracts in 2 copies. Where the
total value of a contract exceeds £100,000 both copies shall be presented to the
Head of Resources for signature. Once signed by the contractor, the signed
contract, all original documents, including specifications, drawings, tender
documents and correspondence relating to shall be forwarded by the Legal
Services Officer. Where the total value of the contract is less than £100,000 the
relevant Manager shall make arrangements for the retention of all the original
documentation.
13.5
Managers shall maintain a record (in the form detailed in the Procurement
Protocols & Guidance) for their area of each contract or agreement (both written
and verbal agreements).
13.6
Managers shall include the specific T&Cs listed in the Procurement Protocols &
Guidance in all contracts. Where a Manager considers a term or condition
inappropriate they shall seek advice of the Legal Services Officer on the
modification or deletion of the term or condition.
14.
14.1
14.2
LETTERS OF INTENT
Letters of intent provide a contractor with the authority to proceed prior to the
award of a contract. However, letters of intent have two main disadvantages:(a)
if the contract is not awarded the contractor is entitled to payment
regardless as to whether the work was actually needed;
(b)
the Council’s negotiating position is weakened as the contractor may
believe actual award of contract is a formality and therefore, the
contractor may refuse to accept conditions that are seen as
disadvantageous.
Managers shall ensure that:-
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(a)
all letters of intent are in a form approved by the Legal Services Officer;
and
(b)
all letters of intent are signed by the appropriate Budget Manger with
sufficient authority for either the value of the intended contract or the
estimated value of any ‘extension’ period defined in the letter of intent if
below £100,000, otherwise by the Head of Resources.
15.
POST-COMPETITION DEBRIEFS
15.1
For all contracts greater than £25,000, Managers shall maintain records of
selection and evaluation scoring and where requested by participating
suppliers, provide a suitable post-tender debrief in writing. For contracts greater
than £100,000, unsuccessful tenderers shall be advised in writing of the winning
supplier, the value of the contract awarded and the strengths and weaknesses
of their tender and the advice of the Procurement Manager shall be sought on
the format and scope of the debrief.
16.
PUBLISHING CONTRACT AWARDS
16.1
Contract Award Notices shall be published within 90 days of contract award in
the appropriate online system:

Contracts Register if greater than £5,000, and.

Contracts Finder if greater than £25,000 (including awards under minicompetition using a framework) or if advertised in Contracts Finder, and

The Official Journal of the European Union if greater than the promulgated
EU threshold.
17.
LOCAL GOVERNMENT ACT – COMMUNITY RIGHT TO CHALLENGE
17.1
The Local Government Act permits relevant bodies (charities, community
bodies, town & parish councils and staff) to submit Expressions of Interest to
provide Council services. The Procurement Manager shall maintain and
publish a timetable for the submission of Expressions of Interest. All
Expressions of Interest received from relevant bodies should be forwarded to
the Policy, Performance and Transformation Manager (Scrutiny).
18.
RETENTION OF DOCUMENTS
18.1
Managers shall ensure that every contract or quotation is assigned the Unique
Reference Number (URN) from the Contract Register, which is to be used in all
correspondence. Any Division or reference may be included in addition to the
URN shall comprise abbreviation for the Division and year. Formal amendments
to a contract or order should also be given unique numbers showing the order
in which the amendments were made.
18.2
Documentation retention periods are dictated by the Statute of Limitations and
(where applicable) EU requirements. The following rules apply:(a)
retention for 12 years from the date of completion of the contract for
contracts made under deed;
(b)
retention for 6 years from the date of completion of the contract:•
Contract Documents
•
Hire/Rental Agreements
•
Successful Tenders
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(c)
•
Summary of Tender Opening
•
Disposal Board papers
•
All selection and evaluation scoring and reports
•
Goods Received Notes
•
HM Customs and Excise Import documentation
•
Invitations to Tender/Quotation Requests
•
Maintenance/Software licence agreements
•
Specifications
•
Successful Quotations
•
Suppliers' Advice Notes;
retention for 3 years after the last entry:•
(d)
Stock and Purchase Record Cards or Registers
retention for 2 years after the financial year to which the document
relates:•
Unsuccessful Quotations.
•
Unsuccessful Tenders.
19.
FREEDOM OF INFORMATION ACT 2000 (FOIA)
19.1
Managers shall ensure that the handling of requests for procurement
information complies with the detailed guidance published as Procurement
Protocols & Procedures and the general FOIA guidance published by the
Council’s Freedom of Information Officer.
20.
CONFLICTS OF INTEREST
20.1
Where a potential conflict is declared by an officer or otherwise recognised, the
HoS shall ensure the relevant company and businesses areas are identified.
Other business areas are exempt from the procedure.
20.2
The following procedure is applied according to value:
(a)
(b)
20.3
Low value (less than £100k)
•
HoS shall arrange for specifications/evaluation criteria written by
the affected officer to be independently vetted;
•
HoS shall appoint 2 independent officers to evaluations were the
relevant company participates; and
•
HoS shall ensure independent vetting of evaluations were the
relevant company becomes the preferred bidder.
High Value (greater than £100k). Where the relevant company bids or is
considered likely to bid the HoS shall ensure participation by the affected
officer is limited to providing specialist advice.
If a conflict of interest becomes apparent once a procurement is underway but
before contract award the HoS shall seek the advice of the Procurement
Manager and Legal Services Officer on how to proceed. If discovered after
contract award, the HoS shall refer the matter to the Monitoring Officer.
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21.
21.1
INTERIMS, CONSULTANTS AND CONTRACTORS
The Manager responsible for appointing any interim, consultant or contractor
(ICC) shall:
(a) if engaged through an agency, provide the agency with any
information requested about the role.
(b) if engaged directly, use the HMRC’s online employment status tool
check the ICC’s tax status and record the outcome. If the ICC is
deemed an employee then HR shall be provided with the details of
the engagement.
22.2
If the ICC will be responsible to the Council for the management or supervision
of a contract on its behalf, then the Manager shall provide the ICC with a copy
of this Code and ensure that it shall be a condition of the engagement that the
ICC shall:

comply with this Code;

at any time during the carrying out of the contract produce to the
appropriate Manager, on request, all the records maintained by him in
relation to the contract; and

on completion of the contract transfer of all records produced or received
that relate to the contract to the appropriate Manager.
21.2
The Manager responsible for appointing any consultant, agent or professional
adviser under paragraph 21.1 shall provide them with a copy of this Code.
22.
PROCUREMENT TRAINING
22.1
The Procurement Manger shall create, maintain and arrange the delivery of
training for Officers undertaking procurement duties.
22.2
Managers shall ensure that all Officers routinely undertaking purchasing or
procurement duties where the gross value of the procurement is £5,000 or more
shall have undertaken appropriate training.
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OFFICER EMPLOYMENT PROCEDURE RULES
A.
RECRUITMENT AND APPOINTMENT
1.
2.
3.
Declarations
(a)
The Council will draw up a statement requiring any candidate for
appointment as an officer to state in writing whether they are the
parent, grandparent, partner, child, step-child, adopted child,
grandchild, brother, sister, uncle, aunt, nephew or niece of an
existing Councillor or officer of the Council or of the partner of such
person.
(b)
No candidates so related to a Councillor or an officer will be
appointed without the authority of the relevant chief officer or an
officer nominated by him/her.
Seeking Support for Appointment
(a)
Subject to paragraph (c), the Council will disqualify any applicant
who directly or indirectly seeks the support of any Councillor for
any appointment to the Council. The content of this paragraph will
be included in any recruitment information.
(b)
Subject to paragraph (c), no Councillor will seek support for any
person for any appointment with the Council.
(c)
Nothing in paragraphs (a) and (b) will preclude a Councillor from
giving a written reference for a candidate for submission with an
application for appointment.
Recruitment of Head of Paid Service and Chief Officers
Where the Council proposes to appoint the Head of Paid Service or a
chief officer and it is not proposed that the appointment be made
exclusively from among their existing officers, the Council will:(a)
draw up a statement specifying:(i)
the duties of the officer concerned; and
(ii)
any qualifications or qualities to be sought in the person to
be appointed;
(b)
make arrangements for the post to be advertised in such a way as
is likely to bring it to the attention of persons who are qualified to
apply for it; and
(c)
make arrangements for a copy of the statement mentioned in
paragraph 3 (a) to be sent to any person upon request.
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4.
Appointments
Head of Paid Service
(a)
The full Council will approve the appointment of the Head of Paid
Service following the recommendation of such an appointment by
a committee of the Council appointed for that purpose and before
an offer of appointment is made to the selected candidate and any
salary packages that exceed £100,000 are proposed. That
committee must include the relevant Executive Councillor.
Other Chief Officers
(b)
A committee of the Council appointed for that purpose will appoint
chief officers (other than the Head of Paid Service). That
committee must include the relevant Executive Councillor in
relation to the post to be filled and be politically balanced.
Other Employees
(c)
Appointment of employees at head of service level and below is
the responsibility of the Head of Paid Service or his/her nominee,
and may not be made by Councillors.
Assistants to Political Groups
(d)
In the event of an appointment of an assistant to a political group
such appointment shall be made in accordance with the wishes of
that political group.
Cabinet Notification
(e)
B.
An offer of appointment as Head of Paid Service or Chief shall not
be made by the Council or panel (as appropriate) until (i)
the Council or committee has supplied the Head of Paid
Service with details of the proposed appointment;
(ii)
the Head of Paid Service has supplied Members of the
Cabinet with details of the proposed appointment and
allowed a period for objection to the offer by the Executive
Leader on behalf of the Cabinet; and
(iii)
the Executive Leader has informed the Head of Paid Service
that there is no objection to the offer, such an objection has
not been received within the requisite period or the Council
or panel is satisfied that any objection is not material or wellfounded.
DISCIPLINARY ACTION
1.
Head of Paid Service, Monitoring Officer and Chief Finance Officer
Disciplinary action in respect of the Head of Paid Service, Monitoring
Officer and Chief Finance Officer may be taken only by the full Council
or a committee of the Council appointed for that purpose in accordance
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with the Council's disciplinary policy and procedure and their terms and
conditions of employment. No disciplinary action, other than suspension,
may be taken except after consideration of a recommendation in a report
made by a designated independent panel under the Local Authorities
(Standing
Orders)
(England)(Amendment)
Regulations
2015
(investigation of alleged misconduct).
An officer may be suspended by the Council or committee for the
purpose of investigating alleged misconduct but the suspension must be
on full pay and of no more than two months duration.
2.
Other Chief Officers
Disciplinary action against other Chief Officers (with the exception of
those to which paragraph B1 applies) shall be dealt with under the
Council's disciplinary policy and procedures and their terms and
conditions of service. In the case of suspension, such action may be
taken by the Senior Officers Committee.
3.
Other Employees
Disciplinary action in respect of other employees may be taken in
accordance with the Council’s disciplinary procedure and rules adopted
by the Employment Committee but such action may not involve
councillors.
C.
DISMISSAL
1.
Head of Paid Service, Monitoring Officer and Chief Finance Officer
The full Council must approve the dismissal of the Head of Paid Service,
Monitoring Officer and Chief Finance Officer following the
recommendation of such a dismissal by the Independent Panel of the
Council appointed for that purpose. The Panel must include at least one
member of the Cabinet.
2.
Other Chief Officers
A committee of the Council appointed for that purpose may approve the
dismissal of a Chief Officer (not included in section C1 above) or their
equivalent. That committee must include at least one member of the
Cabinet.
3.
Other Employees
The dismissal of other employees at head of service level or below is the
responsibility of the Head of Paid Service or his/her nominee, and may
not be made by Councillors.
4.
Cabinet Notification
A notice of the dismissal of a Chief Officer, Monitoring Officer, S151
Officer shall not be made by the Council or committee (as appropriate)
until –
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D.
(i)
the Council or committee has supplied the Head of Paid Service
with details of the proposed dismissal;
(ii)
the Head of Paid Service has supplied members of the Cabinet
with details of the proposed dismissal and allowed a period for
objection to the dismissal by the Executive Leader on behalf of the
Cabinet; and
(iii)
the Executive Leader has informed the Head of Paid Service that
there is no objection to the dismissal, such objection has not been
received within the requisite period or the Council or committee (as
appropriate) is satisfied that any objection is not material or wellfounded.
APPEALS
An appeal by any employee, other than statutory officers, against any
disciplinary action or dismissal by the Council, a Panel or the Head of Paid
Service or his/her nominee may be heard by an Appeals Panel comprising the
Managing Director, the Corporate Director or Head of Service excluding the
Corporate Director or Head of Service in whose Service the employee was
employed at the time of his/her dismissal and a representative of the Staff
Council but not from the Division from which the employee is employed
convened by the Elections and Democratic Services Manager under the
Council’s disciplinary procedure rules.
E.
SUPPLEMENTARY
In the event of the above Rules applying to a case involving an appointment or
dismissal in relation to the Head of Paid Service, the references relating to the
action to be taken in these Rules by the Head of Paid Service shall be
undertaken by the Monitoring Officer, paying regard to the recommendations
made by the Independent Panel.
F.
INDEPENDENT PANEL
The Panel as described in the above Rules should be comprised of at least two
independent persons and must include at least one member of the Cabinet. The
Panel membership must be agreed 20 working days prior to a meeting and will
be arranged by the Monitoring Officer or in the case if any action against that
officer, by the Deputy Monitoring Officer.
Terms of Reference for the Panel
i)
ii)
To investigate proposed disciplinary action against a Chief Officer,
Monitoring Officer or S151 Officer.
To offer advice, views or recommendations to Council on the proposed
course of action, including any proposal for dismissal.
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Part 5
Codes and Protocols
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THE NOLAN PRINCIPLES
(Ten Principles of Public Life)
Selflessness
-
Members should serve only the public interest and
should never improperly confer an advantage or
disadvantage on any person.
Honesty and
integrity
-
Members should not place themselves in situations
where their honesty and integrity may be questioned,
should not behave improperly and should on all
occasions avoid the appearance of such behaviour.
Objectivity
-
Members should make decisions on merit, including
when making appointments, awarding contracts or
recommending individuals for rewards or benefits.
Accountability
-
Members should be accountable to the public for their
actions and the manner in which they carry out their
responsibilities and should co-operate fully and
honestly with any scrutiny appropriate to their
particular office.
Openness
-
Members should be as open as possible about their
actions and those of their authority, and should be
prepared to give reasons for those actions.
Personal
judgement
-
Members may take account of the views of others,
including their political groups, but should reach their
own conclusions on the issues before them and act in
accordance with those conclusions.
Respect for
others
-
Members should promote equality by not
discriminating unlawfully against any person and by
treating people with respect, regardless of their race,
age, religion, gender, sexual orientation or disability.
They should respect the impartiality and integrity of
the authority's statutory officers and its other
employees.
Duty to uphold
the law
-
Members should uphold the law and, on all
occasions, act in accordance with the trust that the
public is entitled to place in them.
Stewardship
-
Members should do whatever they are able to do to
ensure that their authorities use their resources
prudently and in accordance with the law.
Leadership
-
Members should promote and support these
principles by leadership and by example, and should
act in a way that secures or preserves public
confidence.
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MEMBERS’ CODE OF CONDUCT
INTRODUCTION
Huntingdonshire District Council (the Authority) has adopted this Code of Conduct
pursuant to Section 27 of the Localism Act 2011 to promote and maintain high
standards of behaviour by its members and co-opted members whenever they are
acting in their capacity as a member of the Authority or when they claim to act or give
the impression of acting as a representative of the Authority.
This Code is based on the principles of selflessness, integrity, objectivity,
accountability, openness, honesty and leadership.
1.
Application
This Code of Conduct applies to you whenever you are acting, claim to act or
give the impression you are acting in your capacity as a Member of the
Authority, including –
2.
1.1
at formal Meetings of the Authority
1.2
when acting as a representative of the Authority
1.3
in taking any decision as a Cabinet Member or a Ward Councillor
1.4
in discharging your functions as a Ward Councillor
1.5
when corresponding with the authority other than in a private capacity.
Meeting
In this Code “Meeting” means any meeting organised by or on behalf of the
Authority, including –
3.
2.1
any meeting of the Council, or a Committee or Sub-Committee of
Council
2.2
any meeting of the Cabinet and any Committee of the Cabinet
2.3
at any briefing by Officers; and
2.4
at any site visit to do with the business of the Authority.
General Conduct
You must –
3.1
provide leadership to the authority and communities within its area, by
personal example
3.2
respect others and not bully or threaten or attempt to bully or threaten
any person
3.3
respect the confidentiality of information which you receive as a Member
by –
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3.3.1 not disclosing confidential information to third parties unless
required by law to do so or where there is a clear and over-riding
public interest in doing so; and
3.3.2 not obstructing third parties’ legal rights of access to information
3.4
not conduct yourself in a manner which is likely to bring the Authority
into disrepute.
3.5
use your position as a Member in the public interest and not for personal
advantage.
3.6
comply with the Authority’s reasonable rules on the use of public
resources for private and political purposes.
3.7
exercise your own independent judgement, taking decisions for good
and substantial reasons by –
3.7.1 attaching appropriate weight to all relevant considerations
including, where appropriate, public opinion and the views of
political groups;
3.7.2 paying due regard to the advice of Officers, and in particular to the
advice of the statutory officers, namely the Head of Paid Service,
the Chief Finance Officer and the Monitoring Officer; and
3.7.3 stating the reasons for your decisions where those reasons are not
otherwise apparent
4.
5.
3.8
do nothing that causes the Authority to act unlawfully
3.9
to comply with the Council’s codes and protocols.
Registration of Interests
4.1
Within 28 days of this Code being adopted by the Council, or your
election (if later), you must register with the Monitoring Officer any
interests listed in Appendices A and B.
4.2
You must ensure that your register of interests is kept up to date and
notify the Monitoring Officer in writing within 28 days of becoming aware
of any change in respect of any interests listed in Appendices A and B.
Disclosable Pecuniary Interests
5.1
You have a disclosable pecuniary interest if it is of a description
specified in regulations made by the Secretary of State (attached at
Appendix A) and either:
(a)
it is an interest of yours, or
(b)
it is an interest of:
(i)
(ii)
Updated 29 March 2017
your spouse or civil partner; or
a person with whom you are living as husband and wife; or
Page 158
(iii)
a person with whom you are living as if you were civil
partners;
and you are aware that other person has the interest.
5.2
You must 5.2.1 comply with the statutory and the Authority’s requirements to
disclose and withdraw from participating in respect of any matter
in which you have a disclosable pecuniary interest.
5.2.3 make a verbal declaration of the existence and nature of any
disclosable pecuniary interest at any meeting at which you are
present at which an item of business which affects or relates to
the subject matter of that interest is under consideration, at or
before the consideration of the item of business or as soon as the
interest becomes apparent.
5.2.4 Where you have a disclosable pecuniary interest, whether the
interest is registered or not, you must not (unless you have
obtained a dispensation from the Authority’s Monitoring Officer) –
(i)
(ii)
6.
participate, or participate further, in any discussion of the
matter at the meeting; or
remain in the meeting room whilst the matter is being
debated or participate in any vote taken on the matter at
the meeting.
Non Statutory Disclosable Interests
6.1
In addition to the requirements of Paragraph 5, if you attend a meeting at
which any item of business is to be considered and you are aware that
you have a “non-statutory disclosable interest in that item, you must
make verbal declaration of the existence and nature of that interest at or
before the consideration of the item of business or as soon as the
interest becomes apparent.
6.2
You have a “non-statutory disclosable interest” in an item of business of
your authority where –
6.2.1
a decision in relation to that business might reasonably be
regarded as affecting the well-being or financial standing of you
or a member of your family or a person with whom you have a
close association to a greater extent than it would affect the
majority of the Council Tax payers, ratepayers or inhabitants of
the ward or electoral area for which you have been elected or
otherwise of the authority’s administrative area, or
6.2.2
it relates to or is likely to affect any of the interests listed in the
Table in Appendix A to this Code, but in respect of a member of
your family (other than a “relevant person”) or a person with
whom you have a close association; or
6.2.3
it relates to or is likely to affect any of the interests listed in
Appendix B to this Code and that interest is not a disclosable
pecuniary interest.
Updated 29 March 2017
Page 159
7.
Gifts and Hospitality
7.1
You must, within 28 days of receipt, notify the Monitoring Officer in
writing of any gift, benefit or hospitality with a value in excess of £50
which you have accepted as a Member from any person or body other
than the authority.
7.2
The Monitoring Officer will place your notification on a public register of
gifts and hospitality.
Updated 29 March 2017
Page 160
APPENDIX A
DISCLOSABLE PECUNIARY INTERESTS
The duties to register, disclose and not to participate in respect of any matter in which a
member has a Disclosable Pecuniary Interest are set out in Chapter 7 of the Localism
Act 2011.
Disclosable pecuniary interests are defined in the Relevant Authorities (Disclosable
Pecuniary Interests) Regulations 2012 as follows –
Interest
Employment,
office,
profession or vocation
Sponsorship
Prescribed description
trade, Any employment, office, trade, profession or
vocation carried on for profit or gain.
Any payment or provision of any other financial
benefit (other than from the relevant authority)
made or provided within the relevant period in
respect of any expenses incurred by M in carrying
out duties as a member, or towards the election
expenses of M.
This includes any payment or financial benefit
from a trade union within the meaning of the
Trade
Union
and
Labour
Relations
(Consolidation) Act 1992).
Contracts
Any contract which is made between the relevant
person (or a body in which the relevant person
has a beneficial interest) and the relevant
authority—
(a) under which goods or services are to be
provided or works are to be executed; and
(b) which has not been fully discharged.
Land
Any beneficial interest in land which is within the
area of the relevant authority.
Licences
Any licence (alone or jointly with others) to occupy
land in the area of the relevant authority for a
month or longer.
Corporate tenancies
Any tenancy where (to M’s knowledge)—
(a) the landlord is the relevant authority; and
(b) the tenant is a body in which the relevant
person has a beneficial interest.
Securities
Updated 29 March 2017
Any beneficial interest in securities of a body
where—
Page 161
(a) that body (to M’s knowledge) has a place of
business or land in the area of the relevant
authority; and
(b) either—
(i)
the total nominal value of the securities
exceeds £25,000 or one hundredth of the
total issued share capital of that body; or
(ii) if the share capital of that body is of more
than one class, the total nominal value of
the shares of any one class in which the
relevant person has a beneficial interest
exceeds one hundredth of the total
issued share capital of that class.
For this purpose –
“the Act” means the Localism Act 2011;
“body in which the relevant person has a beneficial interest” means a firm in
which the relevant person is a partner or a body corporate of which the relevant
person is a director, or in the securities of which the relevant person has a
beneficial interest;
“director” includes a member of the committee of management of an industrial
and provident society;
“land” excludes an easement, servitude, interest or right in or over land which
does not carry with it a right for the relevant person (alone or jointly with
another) to occupy the land or to receive income;
“M” means a member of a relevant authority;
“member” includes a co-opted member;
“relevant authority” means the authority of which M is a member;
“relevant period” means the period of 12 months ending with the day on which
M gives a notification for the purposes of section 30(1) or 31(7), as the case
may be, of the Act;
“relevant person” means M or any other person referred to in section 30(3)(b) of
the Act;
“securities” means shares, debentures, debenture stock, loan stock, bonds,
units of a collective investment scheme within the meaning of the Financial
Services and Markets Act 2000 and other securities of any description, other
than money deposited with a building society.
Updated 29 March 2017
Page 162
APPENDIX B
NON STATUTORY DISCLOSABLE INTERESTS
An interest which relates to or is likely to affect any body:(a) exercising functions of a public nature; or
(b) directed to charitable purposes; or
(c) one of whose principal purposes includes the influence of public opinion or
policy (including any political party or trade union
of which you are a member or in a position of control or management.
Updated 29 March 2017
Page 163
CODE OF CONDUCT COMPLAINT PROCESS
1.
CONTEXT
Under Section 28 of the Localism Act 2011, the Council must have in place
“arrangements” under which allegations that a Member or co-opted Member of
the authority or of a parish council (the “subject Member”) within the authority’s
area has failed to comply with that authority’s Code of Conduct can be
investigated and decisions made on such allegations.
2.
THE CODE OF CONDUCT
The Council has adopted a Code of Conduct for Members, which is published
on the Council’s website and available for inspection on request from the
Council’s Offices (see address below).
Each parish council is also required to adopt a Code of Conduct. If you wish
to inspect a parish council’s Code of Conduct, it should be available on any
website operated by the parish council or request the parish clerk to allow you
to inspect a copy at their offices.
3.
MAKING A COMPLAINT
If you wish to make a complaint, please write to:
The Monitoring Officer
Huntingdonshire District Council
Pathfinder House
St Mary’s Street
Huntingdon
PE29 3TN
or email: [email protected]
Updated 29 March 2017
Page 164
COMPLAINTS PROCEDURE FLOWCHART
MO acknowledges complaint normally within 5
working
days
and
seeks
additional
information/supporting evidence if required
(or referred in first instance to town/parish council
for possible local resolution if complaint about a
parish councillor)
Complaint with
supporting evidence
received in writing by the
Monitoring Officer (MO)
Preliminary Tests • Acting in capacity as Member?
• Was Member in office at time of alleged
conduct?
• Very minor or trivial matter?
• Vexatious or malicious?
• Historical? Is alleged breach more than 6
months old?
• Potential breach of Code?
• Assessment of public interest?
• Has parish council complaints procedure been
exhausted or impractical for parish council to
deal with/any action taken reasonable
Subject Member
contacted for
response
Independent Person (IP) to
consider complaint and
response and advise MO
Complaint
rejected
with
reasons
given
Decision by MO within 20 working days
of fully evidenced complaint
(Discretion to consult with Member of the
Standards Committee in sensitive cases)
Investigation
include -
Potentially
criminal
conduct/breach
of other
regulations referral to Police
MO (in consultation with IP)
agrees informal resolution or
no further action
OR
Referred to Standards Committee
Hearing Panel
Options for Panel (i) Action;
(ii) No further action;
(iii) Informal resolution
Updated 29 March 2017
to
• Agreed facts
• Facts not agreed and
corresponding conflicting
evidence
• Conclusion whether or not
a breach of the code
or
MO explores
informal
resolution
(eg mediation,
apology, etc)
report
Investigating
Officer (IO)
appointed,
conducts
investigation
and issues
report
Panel to arbitrate on facts
and conclude whether a
breach of the Code of
Conduct occurred.
Decision
made
in
consultation with IP and,
in parish council matters,
with
co-opted parish
member (both of whom
are present throughout)
Page 165
MEMBERS’ PLANNING CODE OF GOOD PRACTICE
INTRODUCTION
The aim of this shortened version of the code of good practice is to ensure
that in the operation of the planning process there are no grounds for
suggesting that a decision has been biased, partial or not well founded in any
way. The full version is available in the Members’ Handbook.
The key purpose of planning is to control the development and use of land in
the public interest. Your role as a member of the Planning Authority is to
make all planning decisions openly, impartially, with sound judgement and for
justifiable reasons.
If you have any doubts about the application of this Code to your own
circumstances you should seek advice early, from the Monitoring Officer or
one of her staff, preferably well before any meeting takes place.
1.
Relationship to the Members’ Code of Conduct

2.
Do apply the rules in the Members’ Code of Conduct first and
then apply the rules in the Planning Code of Good Practice,
which seek to explain and supplement the Members’ Code of
Conduct for the purposes of dealing with all planning matters.
Development Proposals and Interests under the Members’ Code


Do disclose the existence and nature of your interest at any
relevant meeting, including informal meetings or discussions
with employees and other members.
Do then act accordingly.
Where your interest is a
disclosable pecuniary interest:-
-
-
-
Do disclose the interest and withdraw immediately from
the room or chamber where a meeting is being held for
the duration of any discussion and/or voting in the
matter.
Don’t attempt to improperly influence the meeting.
Don’t get involved in the processing of the application.
Don’t seek or accept any preferential treatment, or
place yourself in a position that could lead the public to
think you are receiving preferential treatment, because
of your position as a councillor.
Do be aware that, whilst you are not prevented from
seeking to explain and justify a proposal in which you
have a disclosable pecuniary interest to an appropriate
officer, in person or in writing, the Code places greater
limitations on you in representing that proposal than
would apply to a normal member of the public.
Do notify the Monitoring Officer in writing of your own
interest (your own application or one submitted by your
spouse/partner or other direct relative) and note that:
Updated 29 March 2017
Page 166



3.
notification to the Monitoring Officer should be
made no later than submission of the application;
the application will always be submitted to the
Development
Management
Committee
for
determination and not dealt with by officers under
delegated powers; and
it is advisable that you employ an agent to act on
your behalf on the proposal in dealing with
officers.
Fettering Discretion in the Planning Process



Don’t fetter your discretion and therefore your ability to
participate in planning decision-making at the Council by
making up your mind, or clearly appearing to have made up
your mind on how you will vote on any planning matter prior to
formal consideration of the matter at the meeting of the
planning authority and of hearing the officer’s presentation and
evidence and arguments on both sides.
Do be aware that you are likely to have fettered your discretion
where the Council is the landowner, developer or applicant and
you have acted as, or could be perceived as being, a chief
advocate for a proposal.
Do also be aware that, whilst the Members’ Code of Conduct
provides for a presumption that you may regard yourself as not
having a disclosable pecuniary interest in matters which relate
to the organisations mentioned below  another local or public authority of which you are a member;
or
 a body to which you have been appointed or nominated by
the Council as its representative
-
you must exercise your discretion in deciding whether or
not to participate in each case and where:
 you have been significantly involved in the preparation,
submission or advocacy of a planning proposal on
behalf of such a body; or
 you are a trustee or company director of the body
submitting the proposal and were appointed by the
Council
-

you would be advised always to disclose a non
pecuniary interest and may consider whether it would be
appropriate for you to withdraw from the meeting.
Do consider yourself able to take part in the debate on a
proposal when acting as part of a consultee body (where you
are also a member of the town or parish council, for example,
or both a district and county councillor), provided:
Updated 29 March 2017
Page 167
-
the proposal/policy does not substantially affect the well
being or financial standing of the consultee body;
you make it clear to the consultee body that:



-



you disclose the non pecuniary interest regarding your
membership or role when the Development
Management Committee or District Council comes to
consider the proposal.
Don’t speak and vote on a proposal where you have fettered
your discretion. You do not also have to withdraw, but it would
be preferable for you to do so.
Do explain that you do not intend to speak and vote because
you have or you could reasonably be perceived as having
judged (or reserve the right to judge) the matter elsewhere, so
that this may be recorded in the minutes.
Do take the opportunity to exercise your separate speaking
rights as a member under the Council Procedure Rules where
you have represented your views or those of local electors
before the meeting and fettered your discretion, but do not have
a disclosable pecuniary interest. Where you do:
-
4.
your views are expressed on the limited information
then before you;
you must reserve judgement and the independence
to make up your own mind on each separate
proposal, based on your overriding duty to the
whole community and not just to the people in that
area, ward or parish, as and when it comes before
the Development Management Panel or the District
Council and you have had the opportunity to
consider all of the relevant information. and
you will not in any way commit yourself as to how
you or others may vote when the proposal comes
before the Development Management Committee
or the District Council; and
you must give written notice to and obtain the prior
permission of the Chairman that you wish to speak in
this capacity before the meeting commences;
remove yourself from the member seating area for the
duration of that item, and
ensure that your actions are recorded.
Contact with Applicants, Developers and Objectors


Do refer those who approach you for planning, procedural or
technical advice to officers.
Do try and avoid any meeting with applicants, developers or
groups of objectors unless it has been organised by Officers.
In addition and in
applicants/developers:
Updated 29 March 2017
respect
of
presentations
by
Page 168


5.
Lobbying of Councillors






6.
Do try and avoid attending a planning presentation unless an
Officer is present and/or it has been organised by officers.
Do ask relevant questions for the purposes of clarifying your
understanding of the proposals but do not express any strong
view or state how you or other members might vote.
Do explain to those lobbying or attempting to lobby you that,
whilst you can listen to what is said, you cannot express an
intention to vote one way or another or such a firm point of view
that it amounts to the same thing.
Do remember that your overriding duty is to the whole
community not just to the people in your ward.
Don’t accept gifts or hospitality from any person involved in or
affected by a planning proposal.
Do copy or pass on any lobbying correspondence you receive
to the Head of Development or Planning Service Manager
(Development Management) at the earliest opportunity.
Do inform the Monitoring Officer where you feel you have been
exposed to undue or excessive lobbying or approaches
(including inappropriate offers of gifts or hospitality), who will in
turn advise the appropriate officers to follow the matter up.
Do note that, unless you have a disclosable pecuniary interest,
you will not have fettered your discretion or breached this
Planning Code of Good Practice through:
-
listening or receiving viewpoints from residents or other
interested parties as long as you make yourself equally
available to those of differing viewpoints if requested to
do so;
-
making comments to residents, interested parties, other
members or appropriate officers, provided they do not
consist of or amount to pre-judging the issue and you
make clear you are keeping an open mind; or
-
seeking information through appropriate channels.
Lobbying by Councillors


Don’t become a member of, lead or represent an organisation
whose primary purpose is to lobby to promote or oppose
planning proposals.
Do join general interest groups which reflect your areas of
interest and which concentrate on issues beyond particular
planning proposals, but disclose a non pecuniary interest where
that organisation has made representations on a particular
proposal and make it clear to that organisation and the
Development Management Committee or Council that you have
reserved judgement and the independence to make up your
own mind on each separate proposal.
Updated 29 March 2017
Page 169


7.
Site Visits





8.

Don’t allow members of the public to communicate with you
during the Development Management Committee or Council’s
proceedings (orally or in writing) as this may give the
appearance of bias.
Do ensure that you comply with the Council’s procedures in
respect of public speaking.
Officers


10.
Do try to attend site visits organised by the Council where
possible.
Do ask the officers at the site visit questions or seek
clarification from them on matters which are relevant to the site
inspection.
Don’t hear representations from any other party with the
exception of a ward member.
Don’t express opinions or views to anyone.
Don’t enter a site which is subject to a proposal other than as
part of an official site visit or by invitation. If you feel it is
essential to accept an invitation to visit a site other than through
attending an official site visit do exercise caution and ensure
you comply with these good practice rules.
Public Speaking at Meetings

9.
Don’t lobby fellow members in advance of the meeting at which
any planning decision is to be taken.
Don’t decide or discuss how to vote on any planning matter at
any sort of political group meeting, or lobby any other member
to do so.
Don’t put pressure on officers to put forward a particular
recommendation.
Do recognise and respect that officers involved in the
processing and determination of planning matters must act in
accordance with the Council’s Code of Conduct for Employees
and their professional codes of conduct, primarily the Royal
Town Planning Institute’s Code of Professional Conduct.
Decision-Making



Do come to meetings with an open mind and demonstrate that
you are open-minded.
Do comply with section 38(6) of the Planning and Compulsory
Purchase Act 2004 and, where regard is to be had to the
Development Plan, make decisions in accordance with the
Development Plan unless material considerations indicate
otherwise.
Do come to your decision only after due consideration of all of
the information reasonably required upon which to base a
decision.
Updated 29 March 2017
Page 170


11.
Don’t vote or take part in the meeting’s discussion on a
proposal unless you have been present to hear the entire
debate, including the officers’ introduction to the matter.
Do make sure that if you are proposing, seconding or
supporting a decision contrary to officer recommendations or
the development plan that you clearly identify and understand
the planning reasons leading to this conclusion/decision.
These reasons must be given prior to the vote and be recorded.
Be aware that you may have to justify the resulting decision by
giving evidence in the event of any challenge.
Training

Training on planning matters will be provided and updated as
necessary. Specialised training is mandatory for Members who
wish to serve on the Development Management Committee.
Updated 29 March 2017
Page 171
MEMBERS’ LICENSING CODE OF GOOD PRACTICE
BACKGROUND
The enactment of the Licensing Act 2003 and Gambling Act 2005 transferred
substantial additional responsibilities for licensing to local government and established
the Council as the licensing authority for the regulation of various forms of licensable
activities. These responsibilities are undertaken by the Licensing Committee and its
sub-committees. However the Council has other licensing responsibilities that are
undertaken by the Licensing and Protection Panel and associated application subgroups. Whichever the forum, Members are acting in a quasi-judicial capacity in
carrying out the Council’s licensing functions.
This Code of Good Practice is designed to apply the principles contained in the
Members Code of Conduct to Members’ licensing responsibilities and to support and
maintain high ethical standards in local government. It applies to the actions of the
Council both in its statutory capacity as the licensing authority via the Licensing
Committee and its non-executive functions that are the responsibility of the Licensing
and Protection Panel. For the purposes of this Code, the Council is collectively
described as the licensing authority.
This Code has regard to both the Members Planning Code of Good Practice previously
adopted by the Council and LACORS’ guidance on the role of elected members in
relation to Licensing Committee hearings under the Licensing Act 2003.
INTRODUCTION
The aim of the Code is to ensure that in the operation of the licensing process there are
no grounds for suggesting that a decision has been biased, partial or not well founded
in any way.
The key purpose of licensing is to regulate certain activities in the public interest and to
promote the licensing objectives defined in the legislation. In addition, the authority
must have regard to statutory guidance issued by the Secretary of State and the
Gambling Commission.
Your role as a member of the licensing authority is to make decisions openly,
impartially, with sound judgement and for justifiable reasons.
This Code of Good Practice also applies to Members at all times when involving
themselves in the licensing process. It applies equally to licensing enforcement and
licensing policy issues as it does to licensing applications. This includes taking part in
decision-making meetings of the licensing authority and when involved in less formal
occasions, such as meetings with officers or the public and consultative meetings.
References to officers in this Code of Good Practice relate to employees of the
Council.
If you have any doubts about the application of this Code to your own circumstances
you should seek advice early, from the Monitoring Officer or one of his staff, preferably
well before any meeting takes place.
Updated 29 March 2017
Page 172
1.
Relationship to the Members’ Code of Conduct


2.
Do apply the rules in the Members’ Code of Conduct first: these must
always be complied with.
Do then apply the rules in this Licensing Code of Good Practice, which
seek to explain and supplement the Members’ Code of Conduct for the
purposes of dealing with all licensing matters. If you do not abide by this
Code of Good Practice, you may put:
-
the licensing authority at risk of proceedings as to the legality or
maladministration of the related decision; and
-
yourself at risk of either being named in an Ombudsman’s report
made to the Corporate Governance Panel or Council or, if the
failure is also likely to be a breach of the Code of Conduct, a
complaint to the Monitoring Officer.
Licensing Proposals and Interests under the Members’ Code
Your interest in a licensing matter may take a variety of forms. As a member of
the Cabinet or the relevant executive councillor, you may have either collective
or individual responsibility for premises in the Council’s ownership or a
licensable activity which the Council is promoting for which a licence is required
or has already been granted. You may be a member of another organisation or
body that is applying for a licence or is carrying out a licensable activity. You
may be an employee of a responsible authority defined in the legislation or you
may be an interested party because you live or have business premises in the
vicinity of an application site or licensed premises. You may be a member of a
lobby group or campaign. You may be the applicant for a licence or the
provider of a licensable activity yourself or a member of a registered club that is
doing so. You may be a supplier of goods to an applicant or an existing
licensee or club or you may act in some capacity on their behalf. You may also
be an existing licensee or a member of a club whose business may be affected
if a licence or club premises certificate is granted for a similar activity
elsewhere.
Whatever your interest,



Do disclose the existence and nature of your interest at any relevant
meeting, including informal meetings or discussions with employees and
other members.
Do then act accordingly.
Where your interest is a disclosable pecuniary interest:-
-
-
Do disclose the interest and withdraw immediately from the room
or chamber where a meeting is being held for the duration of any
discussion and/or voting in the matter.
Don’t participate, or give the appearance of trying to participate,
in the making of any decision on the matter by the licensing
authority.
Don’t represent an applicant or responsible authority at a
licensing sub-committee hearing or applications sub-group
meeting.
Updated 29 March 2017
Page 173
-
-
-
-
Don’t try to represent an interested party if you have played an
active role in supporting or opposing an application for a licence.
Ask another member to do so in your place.
Don’t get involved in the processing of the application or the
review of a licence or certificate that has already been issued.
Don’t seek or accept any preferential treatment, or place
yourself in a position that could lead the public to think you are
receiving preferential treatment, because of your position as a
councillor. This would include, where you have a disclosable
pecuniary interest in a proposal, using your position to discuss
that proposal with officers or members when other members of
the public would not have the same opportunity to do so.
Do be aware that, whilst you are not prevented from seeking to
explain and justify a proposal in which you have a disclosable
pecuniary interest to an appropriate officer, in person or in
writing, the Code places greater limitations on you in
representing that proposal than would apply to a normal member
of the public. (For example, where you have a disclosable
pecuniary interest in a proposal to be put before a hearing or
meeting, you will have to withdraw from the room or chamber
whilst the hearing or meeting considers it, whereas an ordinary
member of the public would be able to observe the meeting’s
consideration of it from the public gallery.)
Do notify the Monitoring Officer in writing of your own interest
and note that:


3.
notification to the Monitoring Officer should be made no
later than submission of the application; and
it is advisable that you employ an agent to act on your
behalf on the proposal in dealing with officers.
Fettering Discretion in the Licensing Process



Don’t fetter your discretion and therefore your ability to participate in
licensing decision-making by making up your mind, or clearly appearing
to have made up your mind (particularly in relation to an external interest
or lobby group), as to how you will vote on any licensing matter prior to
its formal consideration at a hearing or meeting of the licensing authority
and hearing the representations and evidence on both sides. Fettering
your discretion in this way and then taking part in the decision will put
the licensing authority at risk of a finding of maladministration and of
legal proceedings on the grounds of there being a danger of bias or predetermination or a failure to take into account all of the factors enabling
the proposal to be considered on its merits.
Do be aware that you are likely to have fettered your discretion where
the Council is the landowner, developer or applicant and you have acted
as, or could be perceived as being, a chief advocate for a proposal.
(This is more than a matter of membership of both the proposing and
licensing determination bodies, but because through your significant
personal involvement in preparing or advocating the proposal you will
be, or could be perceived by the public as being, no longer able to act
impartially or to determine the proposal purely on its licensing merits.)
Do also be aware that, whilst the Members’ Code of Conduct provides
for a presumption that you may regard yourself as not having a
Updated 29 March 2017
Page 174
disclosable pecuniary interest
organisations mentioned below -
in
matters
which
relate
to
the
 another local or public authority of which you are a member; or
 a body to which you have been appointed or nominated by the
Council as its representative.
You must exercise your discretion in deciding whether or not to participate in
each case and where:
 you have been significantly involved in the preparation, submission
or advocacy of a licensing proposal or in an activity that has been
licensed on behalf of such a body; or
 you are a trustee or company director of the body submitting the
proposal and were appointed by the Council.
You should always disclose the interest and consider whether it is appropriate
to withdraw from the meeting.



4.
Don’t sit as a member of a licensing sub-committee if the applicant lives
or the premises are situated in the Ward that you represent or if an
application is being made to review a licence or certificate held by a
resident or premises in your Ward.
Don’t sit as a member of a licensing sub-committee where you have
fettered your discretion. Because of the limited size of licensing subcommittees, you should advise officers as soon as it becomes apparent
to you that you have fettered your discretion and certainly before the
meeting commences to enable an alternative sub committee to be
convened. You do not have to withdraw from the room where the
meeting is taking place, but it would be preferable for you to do so.
Do take the opportunity (if you not sitting on the licensing sub-committee
or you do not have a personal and prejudicial interest) to exercise your
rights as a member to speak on behalf of an applicant or interested
person even if you have represented your views or those of others
before the meeting and fettered your discretion.
Contact with Applicants, Developers and Objectors



Do refer those who approach you for licensing, procedural or technical
advice to officers.
Don’t attend any meeting with applicants or interested parties if you are
a member of a sub-committee. Pre-application discussions, if held for
clarification purpose will involve officers only who will ensure that those
present are advised from the start that the discussions will not bind the
authority to any particular course of action, that the meeting is properly
recorded on the application file and the record of the meeting is
disclosed when the application is considered by the sub-committee or
application sub-group.
Do otherwise meet with an applicant or interested party if you are
considering representing their interests or speaking on their behalf at a
hearing of a sub-committee of which you are not a member.
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5.
Lobbying of Councillors


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

Do explain, if you are a member of a sub-committee or sub-group, to
those who may be attempting to lobby you that you cannot listen to what
is said as this will prejudice your impartiality and therefore your ability to
participate in the decision making process.
Do remember that, as a member of the Licensing Committee or
Licensing and Protection Committee, you will probably be unaware
whether an application will be determined by a sub-committee or
whether you will be a member of that determining body until you have
been notified by officers. If you have been lobbied by an applicant or
interested party, you should notify officers as soon as it comes to your
attention that you have been invited to sit on a relevant sub-committee.
In such circumstances, you should not take part in that hearing or
meeting and officers will make arrangements for the application to be
dealt with by another sub-committee or for another member to take your
place on a sub-group.
Don’t feel constrained, if you are not a member of a sub-committee, to
receive an approach from an applicant or interested party and, having
considered the information that they have supplied, to agree to speak or
make representations on their behalf at a meeting of a sub-committee.
Do remember, if you are a member of a sub-committee, that your
overriding duty is to the whole community and, taking account of the
need to make decisions impartially, that you should not improperly
favour, or appear to improperly favour, any person, company, group or
locality.
Don’t accept gifts or hospitality from any person involved in or affected
by a licensing application or who may be providing a licensable activity.
If a degree of hospitality is entirely unavoidable, ensure it is of a
minimum; its acceptance is declared as soon as possible and remember
to register the gift or hospitality with the Monitoring Officer where its
value is over £50 in accordance with the Members’ Code of Conduct.
Do copy or pass on any lobbying correspondence you receive if you are
a member of a sub-committee or sub-group to the Elections and
Democratic Services or Licensing Manager at the earliest opportunity in
order that it can be placed on the appropriate licensing file and is open
for inspection before a decision is made.
Do inform the Monitoring Officer where you feel you have been exposed
to undue or excessive lobbying or approaches (including inappropriate
offers of gifts or hospitality), who will in turn advise the appropriate
officers to follow the matter up.
Do note that, unless you are a member of a sub-committee or you have
a disclosable pecuniary interest, you will not have fettered your
discretion or breached this Licensing Code of Good Practice through:
-
-
-
listening or receiving viewpoints from residents or other
interested parties as long as you make yourself equally available
to those of differing viewpoints if requested to do so;
making comments to residents, interested parties, other
members or appropriate officers, provided they do not consist of
or amount to pre-judging the issue and you make clear you are
keeping an open mind; or
seeking information through appropriate channels.
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6.
Lobbying by Councillors
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

7.
Site Visits
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
8.
Don’t become a member of, lead or represent an organisation whose
primary purpose is to lobby to promote or oppose licensing proposals. If
you do, you will have fettered your discretion and are likely to have a
personal and prejudicial interest and have to withdraw.
Do join general interest groups which reflect your areas of interest and
which concentrate on issues beyond particular licensing proposals, such
as a local civic society, but disclose a personal interest where that
organisation has made representations on a particular proposal and
make it clear to that organisation and the licensing authority that you
have reserved judgement and the independence to make up your own
mind on each separate proposal.
Don’t excessively lobby fellow members regarding your concerns or
views nor attempt to persuade them how they should vote in advance of
the meeting at which any licensing decision is to be taken.
Don’t decide or discuss how to vote on any licensing application or
policy matter at any sort of political group meeting, or lobby any other
member to do so. Political group meetings should never dictate how
members should vote on any licensing issue.
Do try to attend site visits organised by the licensing authority if you are
a member of the licensing sub-committee or applications sub-group. If
you are unable to take part in a site visit, you will be unable to take part
in the sub-committee hearing or sub-group meeting. You should
therefore notify the Elections and Democratic Services Manager as soon
as it comes to your attention that you are unable to attend a site visit
that has been organised. Where a site visit takes place, Members will
be accompanied by officers of the authority.
Do ensure that you treat the site visit only as an opportunity to observe
the site.
Do ask the officers at the site visit questions or seek clarification from
them on matters which are relevant to the site inspection.
Don’t hear representations from the applicant or an interested party at
the site visit. Where you are approached by the applicant or an
interested party, direct them to or inform the officer present.
Don’t express opinions or views to anyone.
Do exercise your discretion, if you are not a member of the subcommittee or sub-group, as to whether to accept an invitation to visit a
site which is the subject of an application or provides a licensable
activity. Where you do accept an invitation, do exercise caution and
ensure you comply with these good practice rules.
Public Speaking at Meetings

Don’t allow members of the public to communicate with you in isolation
if you are a member of a sub committee during the hearing or meeting
proceedings (orally or in writing) as this may give the appearance of
bias.
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9.
Officers
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
10.
Don’t put pressure on officers to put forward a particular
recommendation. (This does not prevent you from asking questions or
submitting views to the Elections and Democratic Services Manager and
Licensing Manager but hearing or meeting reports will contain only
representations that have been submitted in the manner prescribed by
the legislation. Your attention is drawn to the danger of fettering your
discretion on a matter which is covered in Section 3 of this Code.)
Do recognise that officers are part of a management structure and
discuss a proposal, outside of any arranged meeting, only with the
Elections and Democratic Services Manager or Licensing Manager or
those officers who are authorised by them to deal with the proposal at a
member level.
Do recognise and respect that officers involved in the processing and
determination of licensing matters must act in accordance with the
Council’s Code of Conduct for Employees and the requirements of the
licensing legislation. As a result, licensing officers’ views, opinions and
recommendations will be presented on the basis of their overriding
obligation of professional independence and the promotion of licensing
objectives, which may on occasion be at odds with the views or opinions
of members.
Decision-Making





Do come to meetings with an open mind and demonstrate that you are
open-minded.
Do comply with the licensing legislation and make decisions in
accordance with statutory licensing objectives, having regard to
guidance that has been issued under the relevant legislation and the
authority’s statement of licensing policy.
Do come to your decision only after due consideration of all of the
information reasonably required upon which to base a decision. If you
feel there is insufficient time to digest new information or that there is
simply insufficient information before you, request that further
information and, if necessary, adjourn the hearing or meeting until the
information has been provided and you have had an opportunity to
consider it.
Don’t vote or take part in the hearing or meeting on a proposal unless
you have been present to hear the entire debate, including the officers’
introduction to the matter.
Do make sure that if you are proposing, seconding or supporting a
decision contrary to the licensing objectives or the statutory guidance
issued by the Secretary of State or Gambling Committee or the
authority’s statement of licensing objectives, that you clearly identify and
understand the reasons leading to this conclusion/decision. These
reasons must be given prior to the vote being taken and be recorded.
Be aware that you may have to justify the resulting decision by giving
evidence in the event of any challenge.
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11.
Training

Training on licensing matters will be provided and updated as
necessary. All Members should endeavour to receive training to enable
them to carry out their role properly and effectively. Specialised training
is mandatory for Members who wish to serve on the Licensing and
Protection Committee /Licensing Committee. A review of training
undertaken by Members of the Committees will be maintained by the
Elections and Democratic Services Manager.
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MEMBER/OFFICER PROTOCOL
1.
Introduction
1.1
Government guidance for the preparation of local authority
constitutions refers to the perceived requirement for a protocol to
underpin member/officer relations.
This accords with the
recommendations of the Nolan Committee’s Report on Standards of
Conduct in Local Government that every local authority should have its
own written statement or protocol governing relations between
members and officers.
1.2
The guidance suggests that protocols should be developed locally to
reflect local political arrangements and approaches but gives an
indication of those areas that are expected to be covered in each
protocol. In adopting this protocol, the Council has had regard to
broad headings proposed in the guidance.
1.3
The purpose of this protocol is to guide members and employees of
the Council in their relationships with one another. It is not intended to
be prescriptive or comprehensive and seeks simply to offer guidance
on some of the issues that most commonly arise.
2.
Principles Underlying Member/Employee Relations
2.1
The Nolan Report suggests that ‘No local authority can function
properly without a good relationship between its councillors and its
officers. Where the relationship breaks down, an atmosphere of
suspicion or dislike can make it very difficult to devise and implement
policies in any consistent way.’ The general principles which govern
the conduct of members (selflessness, honesty and integrity,
objectivity, accountability, openness, personal judgement, respect for
others, duty to uphold the law, stewardship and leadership) which are
embodied in The Relevant Authorities (General Principles) Order 2001
require members to respect the impartiality and integrity of an
authority’s statutory officers and other employees. Those principles
are equally appropriate for employees in their dealings with members.
2.2
This protocol should also be read in conjunction with the Members
Code of Conduct and Employees Code of Conduct which are designed
to ensure high standards of conduct and probity within the Council.
Together they contribute to the effective and efficient transaction of
Council business and ensuring that the Council is not brought into
disrepute. Public confidence in the integrity and honesty of both
members and employees is critical to the Council’s community
leadership role and compliance with the Codes and this Protocol will
serve to enhance local democracy.
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3.
The Roles of Members and Employees
3.1
The roles of members and employees have changed with the Local
Government Act 2000 and the introduction of executive decision-making – on
occasions by individual members as opposed to collectively in committee. The
greater impact upon the time of individual members brought about by the new
system, together with the introduction of pensionable allowances, have tended
to blur the traditional distinction between the roles of members and employees.
Nevertheless members and employees do have separate roles which should be
readily distinguishable. These are defined more specifically in the Council’s
constitution.
3.2
Members are democratically elected and are accountable to the electorate for
their actions. An important feature of each member’s role is to represent the
interests of his/her constituents, irrespective of how they may have voted in an
election. The expectation is that members will be more aware of the views of
their constituents on major policy developments before decisions are taken
collectively at full Council meetings. The Executive Leader and other executive
councillors are responsible for the delivery of those policies. Members who sit
on overview and scrutiny have an important role in both holding the executive to
account and in contributing to policy development. Members of regulatory
panels make decisions on applications by the public for permissions and
licences of varying types.
3.3
Employees are responsible for day-to-day managerial and operational decisions
within the Council and should provide support to both the executive and all
members in their several roles. They are employed by and accountable to the
Council as a whole. The Cabinet system can create tensions and conflicts of
interest for employees servicing both the executive and overview and scrutiny
and the executive and the Council. Members should recognise the potential
difficulties that this can present and should respect the obligation placed on
employees to serve the Council as a whole.
3.4
In this protocol, any reference to a senior officer is a reference to the Head of
Paid Service, Corporate Directors and Heads of Service as defined in the
Council’s constitution.
3.5
Certain employees, commonly referred to as “statutory officers”, derive some
duties and responsibilities directly from legislation. The Council’s statutory
officers are –
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
the Head of the Paid Service is the Council’s principal adviser on
matters of general policy;
the Council’s Monitoring Officer is required to report on any proposals,
decisions or omissions which in his view are likely to result in a
contravention of the law or which fail to comply with legal duties, are
unjust or fail to take account of an applicable code of practice; and
the Head of Resources, who as the Council’s Chief Financial Adviser is
required to report on any proposal, decision or course of action which
would involve
incurring unlawful expenditure, or is unlawful or is likely to cause a loss or
deficiency or if the Council was proposing to enter an item of account
unlawfully.
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3.6
There may be occasions when a Statutory Officer’s responsibilities may conflict
or not wholly correspond with a strategy, policy, decision or course of action
proposed/taken by the Council or a member. In those circumstances members
should acknowledge the primacy of the statutory responsibilities and treat the
Statutory Officer with the same courtesy and respect shown to them and to
other employees in all other dealings.
4.
Employer/Employee Issues
4.1
Any dealings between members and employees should be conducted with
mutual respect, trust and courtesy. Members should recognise and have due
regard to their role as an employer in their dealings with employees and be
conscious that inappropriate conduct or behaviour on their part could lead to a
case being brought to an employment tribunal by an aggrieved employee. It is
proper for a member to make written or oral representations about a matter
affecting a constituent who also happens to be an employee but he/she should
avoid taking a proactive part or represent or act as an advocate on behalf of the
employee in any disciplinary or grievance procedures brought against the
Council by the employee.
4.2
Members should not place inappropriate pressure on employees and must
ensure that all communication between them (including written communication)
does not bring the Council into disrepute, cause any embarrassment to them, or
lead to a breakdown of mutual trust, respect and courtesy in member/employee
relations.
4.3
In seeking advice and support, members should recognise that, whilst those
employees owe an overriding duty to the Council as a whole, such duties are
first expressed to their respective line managers and the Head of Paid Service
and not to an individual member. For this reason, members should not give
direct instructions to employees, unless they are authorised to do so by the
Council’s constitutional arrangements. If so authorised, instructions should,
under normal circumstances, still be given to a senior officer and not to a more
junior employee.
4.4
In particular, members and employees should promote equality by not
discriminating unlawfully or otherwise against any person. They should treat
people with respect, regardless of their race, age, religion, gender, sexual
orientation or disability. Such principles will apply equally to the implementation
of personnel and other policies, recruitment and promotion as they apply to day
to day dealings with members of the public.
5.
Personal Relationships
5.1
Guidance on personal relationships is contained in the Codes of Conduct.
Provided these are observed, more informal exchanges may be appropriate
between members and employees outside business meetings and formal
events.
5.2
It is important that there should be a close working relationship between
executive councillors, chairmen and leaders of political parties with the Head of
Paid Service, Corporate Directors and Senior Officers.
However such
relationships should never be allowed to become so close, or appear to be so
close, as to bring into question the issue of impartiality into doubt.
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6.
Relationships between Cabinet and Employees
6.1
Any decision by an executive councillor or collectively by the cabinet must be
supported by a written report by the appropriate employee. An employee’s
obligation to the whole Council requires the advice to be tendered
professionally and impartially and executive councillors should not seek to
suppress or amend any aspect of such professional advice.
6.2
Reports to the Cabinet will normally be produced by employees but there may
be occasions when an executive councillor prepares a report. In either
situation, the appropriate employee shall place on record his/her professional
advice to the Cabinet and ensure that advice is considered when a decision is
taken.
6.3
As part of their duties, employees will represent (both internally and externally)
the decisions of the Cabinet or an individual executive councillor. Other
members should recognise that, in doing so, an employee is representing an
executive decision of the Council.
7.
Relationships between Overview and Scrutiny and Employees
7.1
Overview and scrutiny plays an important role within the Council in holding the
executive to account and in the formulation of policy. The Council has
established a post of Scrutiny Officer exclusively to support the overview and
scrutiny process but the Panels may seek the advice of the Monitoring Officer
and the Chief Finance Officer where they consider there is doubt about the
legality or financial probity of any decisions or prospective decisions of the
executive or where these may be contrary to the Council’s policy and financial
framework.
7.2
When requiring employees to give evidence to an Overview and Scrutiny Panel,
the Panel and its Chairman shall not, without the consent of a Managing
Director or a senior officer, request the attendance of a junior employee. When
employees are required to give evidence before an Overview and Scrutiny
Panel, questions should be confined, so far as is possible, to questions of fact
and explanation of any professional opinion relating to policies and decisions.
Employees must respond to questions from members in an open, constructive
and helpful manner. Employees must not be misleading or economical with the
truth in their answers. The Chairman of an Overview and Scrutiny Panel shall
ensure that executive councillors and employees are not questioned (whether
through the nature, tone or language used) in such a manner as could be
considered by a reasonable person to be hostile, offensive, derogatory,
harassing, bullying, discriminatory or otherwise unacceptable or inappropriate.
7.3
Where they consider it appropriate, the Chairmen of the Overview and Scrutiny
Panels may ask the Head of Paid Service, Corporate Directors and Senior
Officers to explain any advice given to executive councillors and explain any
decision(s) that they may have taken under the Council’s scheme of delegation.
Any private or confidential matter must be dealt with in a private or confidential
manner.
8.
Relationships between Other Panels and Employees
8.1
Decisions made by other Panels, Committees etc. must be taken collectively,
normally following the receipt and consideration of a report by the appropriate
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employee. Such advice will be independent and professional. Because of the
nature of the business conducted by the Development Management Panel, a
separate Code of Conduct for Planning has been approved by the Council.
9.
Relationships between Political Groups and Employees
9.1
Political groups comprising members of an individual political party are a
recognised feature of local government and it is common practice for such
groups to give preliminary consideration to matters of business in advance of
their consideration by a relevant Council body.
9.2
Employees will not attend group meetings of District Council political parties.
9.3
Employee support to members of political groups must not extend beyond
providing information in relation to matters of Council business. When giving
advice in such circumstances, employees must demonstrate political impartiality
and must not suppress their professional advice in the face of political views.
Employees must not champion, defend, action or spend any resources of the
Council on, or be held responsible for actioning in any way whatsoever, the
decisions of a political group, unless and until such decisions have become the
formal decisions of the Council and any consequential provision has been made
in the Council’s Medium Term Plans and/or Revenue Budget.
10.
Relationships between Individual Members and Employees
10.1
The Executive Leader, Deputy Executive Leader, executive councillor,
panel/committee chairman, group leader or such other members nominated by
a Group Leader may request a briefing from the Head of Paid Service,
Corporate Directors or senior officer on matters of policy which have already
been or may be discussed by the Council or within its decision-making or
advisory processes. All such requests should be addressed to the appropriate
senior officer.
10.2
Local members have an important role to play in representing the Council in
their constituencies, responding to the concerns of their constituents, in
meetings with partners and when serving on outside organisations. It is
essential for the efficient functioning of the Council that members should be fully
informed about matters on which they may be required to make decisions or
which affect their wards. Senior Officers should ensure that all relevant staff
are aware of the requirement to keep local members informed and that, as far
as practicable, the timing of such information allows members to contribute to
those decisions. Local members shall also be kept informed about matters
affecting their wards during the formative stages of policy development.
Whenever a public meeting is organised by the Council to consider a local
issue, all of the members representing the ward(s) affected should as a matter
of course be invited to the meeting.
10.3
Members will be asked by their constituents, from time to time, to pursue
matters on their behalf. Where such matters affect the Council, a member may
request information or advice from the appropriate employee and such a
request should only be refused if a member cannot demonstrate a ‘need to
know’ – see paragraph 11.2 post. Such action is without prejudice to the right
of a member to raise an item at any meeting of the Cabinet or another panel
and particularly an Overview and Scrutiny Panel.
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11.
Access to Documents and Information
11.1
A member’s right to access to documents and information is described in the
Access to Information Procedure Rules in the Council’s constitution.
11.2
In addition, a member has a right to inspect Council documents so far as his/her
access to the documents is reasonable necessary to enable the member
properly to perform his/her duties as a member of the Council. This principle is
commonly referred to as the ‘need to know’ principle. It applies equally to the
leaders of political party groups who, although they may be able more readily to
substantiate a requirement for information, still have to demonstrate that their
request is proper and reasonable and give adequate reasons for requiring the
information. Access to such information will vary from member to member and
will arise at different times. As such, a member’s ‘need to know’ will be
considered on a case by case basis and will not last indefinitely.
11.3
The right of access to information is subject to an additional safeguard and if
the motive of the member in requesting to see documents is indirect, improper
or ulterior, a request to inspect documents will be refused. Furthermore the law
does not entitle a member to go on a ‘roving or fishing expedition’ or to receive
every working document that employees have access to or may have had
access to in the past.
11.4
A member is only entitled to see those documents that are relevant background
papers mentioned in any report to a meeting or which are to be taken into
consideration in the making of an executive decision by an executive councillor
or a key decision by an employee or where information would be available
under the Freedom of Information Act 2000. However, an overview and
scrutiny panel may request information that is exempt or confidential if it relates
to a matter that they are scrutinising.
11.5
Confidential information that is obtained by a member must not be disclosed to
another person. Any such breach of confidence may result in a complaint to the
Monitoring Officer or, if sufficiently serious, to a civil action against the member
and/or the Council for damages.
12.
Relations with the Media
12.1
The Council’s current structure is designed to raise the public and media profile
of executive councillors and to make the members of the Cabinet both
collectively and individually directly accountable for the decisions taken. Media
support and presentation by employees will reflect this principle and advice to
executive councillors in relation to the media will be provided if required.
12.2
The Chairmen of Overview and Scrutiny Panels shall ensure that all media
statements relating to that function have the support of the relevant Panel. Any
such statements must be consistent with the Council’s intent that the overview
and scrutiny function shall help to achieve a culture of continuous improvement
throughout the Council.
12.3
The Council’s Corporate Team Manager and other employees will assist other
non-Cabinet members in their relations with the media. Any employee assisting
a member with media relations must act at all times in the interests of the whole
Council and in a politically impartial manner. Other than factual statements,
members should not seek assistance from an employee with the preparation or
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issue of any media statement that will adversely affect the reputation of the
Council.
12.4
Members are also reminded of the need to comply with the Code of
Recommended Practice on Local Authority Publicity issued by the Secretary of
State, a copy of which is available on request and on the intranet.
13.
Other Support
13.1
Members are provided with a range of information and communication
equipment and other support services to assist them in their policy and
representative roles. Members should not use such equipment and support in
connection with party political or campaigning activity or for purposes not
related to Council business.
14.
Arbitration
14.1
Where necessary, the Head of Paid Service (or in her absence the Monitoring
Officer) will arbitrate on the interpretation of this protocol.
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PROTOCOL FOR THE RELATIONSHIP BETWEEN THE
EXECUTIVE LEADER OF THE COUNCIL AND
THE HEAD OF PAID SERVICE
1.
THE NEED FOR A PROTOCOL
1.1
The CIPFA/Solace publication on ‘Good Governance in Local Government’
forms the framework for the Council’s Code of Governance. It recommends the
development of a protocol to ensure that the Executive Leader and Head of the
Council’s Paid Service negotiate their respective roles early in their relationship
and that a shared understanding of roles and objectives is maintained.
1.2
The Council acknowledges that a successful working relationship is critical to its
success and the achievement of its policies and strategies both in terms of the
authority itself and its relationship with partners. Both roles are defined in
legislation and in the Council’s constitution which should be read in conjunction
with this protocol. A mutual understanding of each other’s responsibilities,
especially as incumbents change, is key to the development of respect,
tolerance and a shared appreciation of their respective roles both individually
and to set the tone for good member/employee relationships throughout the
authority.
2.
SHARED VALUES
2.1
The Nolan Committee’s Report on Standards of Conduct in Local Government
which provides the backdrop for improved standards of conduct in local
government saw a need for a written statement or protocol governing relations
between members and officers. The Committee commented in their final report
that ‘one particular area that gave us cause for concern was the potential for
improper behaviour if the normal professional relationship between member
and officer became unsatisfactory by being too comfortable or too combative’.
That is especially appropriate in the case of the Executive Leader and Head of
Paid Service.
2.2
Member standards of conduct are now governed by the Members Code of
Conduct based upon the statutory model code. Employee standards are set
by the Employees Code of Conduct. A protocol on member/employee
relations, again embodied in the constitution, sets out the importance of
effective relationships but there is a danger that these will founder if a good
example is not set at the highest level by the Executive Leader and Head of
Paid Service.2.3 Mutual respect and trust should be founded on the ten
principles of public life which the Executive Leader and Head of Paid Service
have undertaken to uphold. The principles, which apply equally to members
and employees
2.3
In addition, the Council has adopted a series of policies that apply equally to the
roles of the member and employee which includes a dignity at work policy and
corporate equality policy.
2.4
The Executive Leader and the Head of Paid Service subscribe to those general
principles and policies which underpin the high standards of behaviour and
relationships necessary for the Council to offer effective leadership in the
community and fulfil its statutory functions.
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2.5
All dealings between the Executive Leader and the Head of Paid Service should
be conducted with mutual respect, trust, honesty and courtesy. Neither should
place inappropriate pressure on the other and, in their dealings with each other,
they should not do anything that brings the Council into disrepute, cause any
embarrassment either to themselves or the Council or lead to a breakdown in
member/employee relations.
2.6
The roles of each are defined in legislation but it is the sum of the parts that
makes the unique partnership that is effective local government. In furtherance
of that principle, the Executive Leader and Head of Paid Service undertake to
recognise –
•
•
•
•
•
•
•
•
•
•
2.7
The need for a close working relationship
The requirement for an understanding of each other’s roles and
responsibilities
The desirability of regular liaison through both formal and informal means
The importance of effective communication
A respect for each other’s views, advice, guidance and integrity
The need for openness and mutual understanding
The desirability of maintaining impartiality and independence of role
The need to avoid bias and prejudice
The need to demonstrate effective leadership and their responsibility to set
an example for others
That any tensions that arise in their relationship need to be resolved swiftly
and amicably
In addition, they acknowledge –
•
•
The Executive Leader’s position as leader of the majority political party
group
The Head of Paid Service's wider role to serve the Council and members as
a whole, irrespective of political party.
2.8
To assist in that mutual recognition of each other’s roles and responsibilities,
these are summarised below.
3.
THE ROLE OF THE EXECUTIVE LEADER
3.1
The Council has chosen to adopt the executive leader and cabinet model of
executive arrangements under the Local Government Act 2000, as amended by
the Local Government and Public Involvement in Health Act 2007.
3.2
Under these arrangements, the Executive Leader is elected by the Council from
among its membership for a four year term or until his term of office comes to
an end as a councillor or he is removed from office by the Council, whichever is
the earliest. The Executive Leader’s primary functions are to –
•
•
•
•
•
Arrange for the discharge of the executive functions of the Council, including
the arrangements for executive responsibilities
Appoint a Deputy Executive Leader of the Council
Determine the size and membership of the Cabinet
Act as chairman of meetings of the Cabinet
Provide the political leadership of the Council
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•
Act as the leader of his (usually the majority) political party group
3.3
These are explained in greater detail in Article 7 and the Cabinet Procedure
Rules contained in the Council’s constitution.
3.4
The Executive Leader is responsible for ensuring that the Council promotes the
economic, social and environmental well being of Huntingdonshire and its
inhabitants and its development through the effective exercise of collective and
individual responsibilities within the Council’s decision making processes.
3.5
Through the effective operation of the Cabinet, the Executive Leader is
accountable for •
•
•
•
•
•
•
•
•
•
•
Proposing the Council’s policy framework and setting priorities and
objectives
Overseeing the implementation of policies and strategies to achieve
priorities and objectives
Proposing the Council’s budget to achieve its objectives
Managing the process for allocating resources to policy priorities
Ensuring the Council fulfils its statutory duties
Creating strategic frameworks for effective partnership working
Publishing a Notice of Executive Decisions of future executive decisions
Making policy decisions in an open and accountable way
Ensuring continuous improvement in service standards and monitoring
performance
Providing political leadership of the Council
Communicating and advocating the Council’s priorities, objectives and
decisions.
3.6
The Head of Paid Service, as principal policy adviser, will ensure that the
Executive Leader and Cabinet are provided with the appropriate advice and
information to enable them to take informed decisions and they will have regard
to such advice in reaching their decisions.
3.7
As leader of a party political group, the Executive Leader will not seek advice
from the Head of Paid Service in relation to party political business and will not
expect the Head of Paid Service nor any of his staff to attend a meeting of the
political group.
3.8
The Executive Leader has no line management responsibilities for Council
employees who are responsible to the Council as a whole. Any concerns over
the performance of employees either individually or collectively will be referred
by the Executive Leader to the Head of Paid Service to address as he
considers appropriate. Matters relating to the appointment, dismissal and
disciplinary action in respect of employees are contained in the Officer
Employment Procedure Rules set out in the Council’s constitution. However
the Executive Leader, in conjunction with other leading Members, is responsible
for the annual assessment of the performance of the Head of Paid Service and
in the award of performance related salary increments.
4.
THE ROLE OF THE HEAD OF PAID SERVICE
4.1
The Head of Paid Service has overall corporate management and strategic
responsibility for the Council and its delivery of services as defined in Article 12
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of the Council’s constitution. She is responsible for the provision of professional
and impartial advice to all aspects of the decision making process and is
accountable to the Council for the implementation of strategies, policies and
decisions.
4.2
The Head of the Paid Service of the Council has certain defined responsibilities
under the Local Government and Housing Act 1989 to report on –
•
•
The co-ordination of the discharge of the Council’s functions
The level, organisation, grades and management of employees required to
discharge those functions.
4.3
The Head of Paid Service acts as the Council’s proper officer under the Local
Government Act 1972 and a variety of other legislation. The Managing Director
acts as the Electoral Registration Officer for the purposes of electoral
administration arrangements. She also carries the separate appointment of
Returning Officer for the purpose of elections to the Council.
4.4
The Head of Paid Service is accountable to the Council as a whole. Her post is
politically restricted inasmuch as she is not permitted to be an elected member
of another authority. While this does not prevent the Head of Paid Service from
being a member of a political party, it is recognised that this is inadvisable if she
is to maintain a politically impartial role in advising the Council. As such, the
Head of Paid Service is required to work effectively with all elected members
within the Cabinet and Scrutiny system of governance and to be able to
demonstrate political sensitivity and an ability to interpret political will.
4.5
The Head of Paid Service's performance will be monitored annually by the
Executive Leader and other leading members under the Council’s performance
related pay scheme and her terms and conditions of employment are defined in
the Officer Employment Procedure rules.
4.6
The Head of Paid Service has responsibility for promoting community cohesion
and undertaking an overview of the Council’s strategies by translating them into
service plans and practical actions, gaining corporate support and ensuring
compliance. The Head of Paid Service has leadership responsibility for
overseeing the Council’s statutory responsibilities under the Race Relations
(Amendment) Act 2000 to eliminate unlawful discrimination, promote equal
opportunities and promote good relations between people from different racial
groups.
4.7
The Head of Paid Service is responsible for ensuring that the following key
values and behaviours approved by the Council are upheld and complied with
both personally and by the Council’s employees –
•
•
•
•
Putting the customer first, both internally and externally
Valuing, respecting and protecting dignity
A willingness to challenge and change
Delivering excellence and value for money
5.
PUBLICITY
5.1
The Council has a Communications Strategy that deals with relations with the
media and its customers. It is acknowledged that one of the intentions of the
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current legislative requirements for governance arrangements is to raise the
profile of the executive and make the Executive Leader and Cabinet
accountable for their decisions and actions. It follows that media presentation
and media support will reflect this. Advice to the Executive Leader in relation to
the media will be provided on a confidential basis if requested. Any employee
assisting the Executive Leader with media relations will act at all times in the
interests of the whole Council and in a politically impartial manner.
5.2
In particular, the Executive Leader and the Head of Paid Service will have
regard to any applicable Local Authority Code of Publicity made under the Local
Government Act 1986.
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Part 6
Members' Allowances Scheme
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MEMBERS' ALLOWANCES SCHEME
The payment of allowances to Members of the District Council will be made in
accordance with this Scheme.
A Member may by written notice to the Elections and Democratic Services Manager
elect to forego all or part of his or her entitlement to an allowance.
It is a condition of payment of all allowances that the duty for which they are paid will
have been approved before it is undertaken. The Council cannot decide afterwards
that an allowance should be paid.
1.
Operation of Scheme
This Scheme shall come into operation on 18th May 2011. Elected Members
of Huntingdonshire District Council may claim the following Allowances as
specified in this scheme:
♦
♦
♦
♦
2.
Basic Allowance
Special Responsibility Allowance
Travel and Subsistence Allowance
Care Allowance.
Basic Allowance
Each year a Basic Allowance shall be paid to each District Councillor. From
18th May 2011 the amount of the Basic Allowance shall be calculated at the
rate of £4,235 per annum.
3.
Special Responsibility Allowances
Each year a Special Responsibility Allowance in the amount and to the District
Councillors specified in Schedule 1 to this Scheme shall be paid. No District
Councillor may receive more than one Special Responsibility Allowance other
than ordinary Members of the Development Management Panel who will be
entitled to receive an allowance of £620.00 per annum in addition to one other
Special Responsibility Allowance.
4.
Annual Adjustment
The Basic Allowance and Special Responsibility Allowances in paragraphs 2
and 3 above respectively shall be adjusted annually with effect from the date
of the Annual Council Meeting commencing in 2012 to reflect any increase in
inflation using as an automatic index mechanism the percentage change for
spinal column point 33 approved by the National Joint Council for Local
Government Staff Services and negotiated as the pay award for local
government employees. Such mechanism will be applied until 30th April 2015
or until such time as the Independent Remuneration Panel recommends
otherwise.
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5.
Travel and Subsistence Allowances
General
Travel Allowances shall be payable where they are necessarily incurred in
performing the following duties ♦
♦
♦
♦
♦
♦
♦
♦
attending a meeting of the Council, Cabinet or any Panel, Committee,
Sub-Group, Advisory Group or other appointed body;
attending a meeting of any body to which the Council appoints
representatives, when attending as the Council’s appointed
representative;
attending any other meeting or joint meeting authorised by the Council
provided that Members of at least two political groups have been invited
to it;
attending a meeting of any association, organisation or body of which
the Council is a member;
undertaking any duty (including training courses, seminars, workshops
or other events) which a Member is invited to attend by a Managing
Director or Head of Service, provided that the duty has been approved
previously by the Corporate Team Manager;
attending any approved Conference specified in Schedule 2 to this
Scheme;
undertaking any duty which a Member is required to undertake by virtue
of their election or appointment to an office in accordance with the
Council’s Standing Orders, Code of Financial Management, Code of
Procurement, Scheme of Delegation or other approved strategy, policy
or procedure; and
undertaking any other duty or class of duty previously approved by the
Council in connection with the discharge of its functions.
Claims for travelling, Subsistence and motor mileage allowances will be
payable at the rate in force on the day on which the qualifying duty is
undertaken.
The following points should be noted:♦
♦
The amount to be reimbursed in respect of qualifying duties is the actual
amount spent; and
Receipts must be produced in respect of all claims for expenses
incurred otherwise claims may be returned to a Member unpaid.
Travel
Public Transport
The rate of travel by public transport shall not exceed the amount of the
standard class or ordinary fare or the most cost effective method that meets
the needs of a Member’s travel requirements.
The rate may be increased by supplementary allowances not exceeding
expenditure actually involved.
(a)
On Pullman Car or similar supplements, reservation of seats and deposit
or portage of luggage; and
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(b)
on sleeping accommodation engaged by the Member for an overnight
journey, subject to a reduction by one third of any subsistence allowance
payable for that night.
Should Members be required to take journeys for which the rates
recommended above are not practical then approval for that journey must be
sought in advance from the Elections and Democratic Services Manager and
receipts provided for the reimbursement of any claims. Should prior approval
not be practicable actual reasonable costs will be met on the production of
receipts and approval by the Elections and Democratic Services Manager.
Taxi Cab or Hired Motor Vehicle
The rate for travel by taxi cab shall not exceed:♦ in cases of urgency or where no public transport is reasonably available,
the amount of the actual fare and any reasonable gratuity paid; and
♦ in any other case, the amount of the fare for travel by appropriate public
transport.
The rate for travel by a hired motor vehicle other than a taxi-cab shall not
exceed the rate which would have been applicable had the vehicle belonged
to the Member and hired it, ie the private vehicle mileage.
Bicycle, Motor Cycles and Motor Cars
Where Members travel by bicycle, motorcycle, or carry passengers to
approved duties they shall be paid in accordance with the mileage rates
published by Her Majesty's Revenue and Customs.
Vehicle Type
Cars and vans
Motor cycles
Bicycles
First 10,000 business miles
in the tax year
45p
24p
20p
Each business mile over
10,000 in the tax year
25p
24p
20p
Two or more Members going by motor car to the same conference or meeting
shall be expected, unless there are special circumstances, to car share. This
similarly applies in the case of a Member travelling with an owner. The owner
of the vehicle used will make the claim.
Air Travel
Air travel will require prior authorisation by the Corporate Team Manager.
The rate for travel by air should not exceed the rate applicable to travel by
appropriate alternative means of transport. Provided that where the Elections
and Democratic Services Manager decides, that the saving in time is so
substantial as to justify the payment of the fare for travel by air, there may be
paid an amount not exceeding:
(a)
the ordinary fare or any available cheap fare for travel by regular air
service, or
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(b)
6.
where no service is available or in case of urgency, the fare actually paid
by the Member.
Subsistence Allowances
A Member shall be entitled to claim subsistence allowance on approved
duties outside the authority area in accordance with advisory rates published
by the East of England Regional Assembly as follows:Type of Allowance
Maximum Amount
Breakfast
(more than 4 hours away before 11.00am)
Lunch –
(more than 4 hours away including noon – 2.00pm)
£ 6.88
Actual amount up to
£9.50 (receipt required)
Tea
(more than 4 hours away including 3.00 – 6.00pm)
£ 3.76
Evening Meal
(more than 4 hours away ending after 7.00pm)
£11.77
On those occasions when Members are required to attend conferences out of
the District, reasonable actual expenditure incurred for subsistence shall be
reimbursed subject to the production of the requisite receipts. For Members
required to be absent from their usual place of residence overnight
accommodation should be pre-booked by the Authority. In the event that it is
not practical to make such arrangements in advance, reasonable actual costs
shall be reimbursed on production of receipts. In both circumstances, the
Elections and Democratic Services Manager shall determine the
reasonableness of claims submitted.
7.
Care Allowances
With effect from 18th May 2011, Councillors who pay for childcare or for the
care of elderly and/or disabled dependants while they are engaged on Council
duty may claim the following ♦ for the purpose of childcare1 the operative rates are as follows:•
•
•
£5.80 - £5.93 an hour for workers aged 21 and over
£4.83 - £4.92 an hour for workers aged 18 - 20
£3.57 - £3.64 an hour for workers aged 16 – 17
♦ for the purpose of care of elderly or disabled dependents - an allowance
calculated by reference to an hourly rate paid by Cambridgeshire County
Council to home care assistants.
Subsistence Rates
o No Subsistence - As per the revised Expenses and Allowances
Policy – March 2015 (copy attached)
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Care Allowances
o NMW Rates – October 2014
 £6.50 an hour for workers aged 21 and over
 £5.13 an hour for workers aged 18 - 20
 £3.79 an hour for workers aged 16 - 17
o NMW Rates – October 2015
 £6.70 an hour for workers aged 21 and over
 £5.30 an hour for workers aged 18 - 20
 £3.87 an hour for workers aged 16 - 17
o NMW Rates – April 2016
 £7.20 an hour for workers aged 25 and over
 £6.70 an hour for workers aged 21 - 24
 £5.30 an hour for workers aged 18 - 20
 £3.87 an hour for workers aged 16 - 17
8.
Standards Committee
(Parish Council Representatives and Independent Persons)
Parish Council representatives who serve on the Standards Committee shall
receive a basic allowance of £231 per annum and shall be entitled to claim
travel, subsistence and care allowances in accordance with this scheme.
Allowances shall also be paid for attendance at appropriate training events
and seminars under the scheme. The Independent Member Persons (IPs)
appointed by the Committee shall receive an annual allowance of £1,000
(Head IP) and £500 (Deputy IP) and shall also be entitled to claim travel and
subsistence for attending appropriate meetings and training events.
9.
Pensions
District Councillors shall not be entitled to join the Local Government Pension
Scheme.
10.
Members IT Support
District Councillors shall be entitled to IT and telephone support to assist them
in their roles as Members of the authority. Such support shall include ICT and
telephone equipment which shall be issued in accordance with the guidelines
appended to this scheme.
11.
Claims and Payments
Basic and Special Responsibility Allowances shall be paid in 12 instalments
on the 15th of each month by BACS transfer, except in the year that a
Councillor is re-elected when the payment for May will be made in June (or in
a different month of the date of annual elections is changed for whatever
reason).
Travelling, Subsistence and Care Allowances will be paid by BACS transfer on
the 15th day of each month for claims received by the first day of that month.
Claims for Travelling, Subsistence and Care Allowances shall be made in
writing on a form provided by the Elections and Democratic Services Manager
within two months of the date on which the approved duty arises. The claim
shall include a disclosure that no other claim will be made in respect of that
duty.
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12.
Revocation
All earlier Schemes relating to the payment of Members’ Allowances are
revoked with effect from 17th May 2011.
Notes:
1
Childcare allowances will only be paid to childminders who are not members
of the immediate family.
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SCHEDULE 1
SPECIAL RESPONSIBILITY ALLOWANCES
SPECIAL RESPONSIBILITY ALLOWANCES1
The Executive
Executive Leader
Deputy Executive Leader
Other Cabinet Members
Remuneration
per annum
£
14,010.00
10,537.00
8,394.00
Chairmen
Overview and Scrutiny Panels
Development Management Committee
Council
Licensing and Protection Committee/Committee
Employment Committee
Corporate Governance Committee
5,604.00
6,311.00
3,763.00
6,311.00
2,779.00
2,779.00
Vice-Chairmen
Overview and Scrutiny Panels
Development Management Committee
Council
Licensing and Protection Committee/Committee
Employment Committee
Corporate Governance Committee
2,242.00
2,837.00
1,563.00
2,837.00
927.00
927.00
Opposition Group
Leader – Principal Opposition
Deputy Leader
7,005.00
2,837.00
Leader – Minor Opposition2
Group Leader
723.00
Development Management Committee
Ordinary Members3
620.00
Co-Optees Allowances
Each co-opted Member and parish council
representative on the Standards Committee
Dependant Carer's Allowance
Each qualifying District Councillor with children or
elderly/disabled dependant
231.00
Up to a maximum of 7.5 hours per
week at the minimum wage level
in the case of childcare and for an
elderly or disabled dependant at
the
County
Council's
recommended "home carer" rate.
Notes
1.
No Member may receive more than one Special Responsibility Allowance.
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2.
Subject to the party having a minimum of five Members (or at least 10% of the
Council's membership) and being registered as a political group.
3.
Excluding the Chairman and Vice-Chairman of the Panel and any Cabinet
Member appointed to the Panel.
4.
An Independent Member (non-elected) acting as Chairman/Vice-Chairman of the
Standards Committee shall receive a special responsibility allowance equivalent
to that payable to a Member elected to that post.
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Part 7
Management Structure
Version 1.0 Approved 23rd March 2016
Page 202
MANAGEMENT STRUCTURE
The senior management structure of the Council comprises a Managing Director, two
Corporate Directors, Heads of Service and the Corporate Team Manager who together
comprise the Senior Management Team.
DESIGNATED POSTS
The Managing Director is also the Council's "Head of Paid Service" and for the
purpose of Section 4 of the Local Government and Housing Act 1989 is principal
adviser on matters of general policy who is required to report to Council on the manner
in which the discharge of the Council's functions is co-ordinated and the number and
grades of Officers required for the discharge of functions by the organisation. The
Managing Director is also the appointed Returning Officer and Electoral Registration
Officer
The Head of Resources is designated as the Council's Chief Finance Officer and is
required to report to the Council (or the Cabinet in the case of an executive function) if
he considers that any proposal, decision or course of action will involve incurring
unlawful expenditure, or is unlawful and is likely to cause a loss or deficiency or if the
Council is about to enter an item of account unlawfully.
The Council’s Monitoring Officer is required to report to the Council (or to the Cabinet
in the case of an executive function) on any proposals, decisions or omissions which in
his view are likely to result in a contravention of the law or which fail to comply with
legal duties, are unjust or fail to take account of an applicable Code of Conduct.
Other responsibilities are summarised in Article 12 of the Constitution and in the
Council's Scheme of Delegation.
The organisation is no longer structured within traditional directorates and Heads of
Service together with the Managing and Corporate Directors form the Senior
Management Team which meets regularly to consider cross cutting and strategic
issues affecting the authority. Heads of Service have equal access to support from the
Managing and Corporate Directors. A Corporate Management Team continues to
meet weekly. This comprises the Managing Director, Corporate Directors and the
Section 151 Officer. Heads of Service attend Team meetings as appropriate. A
representation of the organisational structure is presented overleaf.
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